← Library
Bombay High CourtWP/5655/2018others disposed off

Ismail Ibrahim Sayyed And ORS. v. Shamim Ismail Sayyed And ORS.

2020-01-22Hon'Ble Shri Justice Nitin W. Sambre2 pages

Dusane 1/2 8 wp 5655.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5655 OF 2018 Ismail Ibrahim Sayyed & Ors.

.... Petitioner Vs.

Mrs. Shamim Ismail Sayyed & Ors..... Respondents Mr. Satyajeet Anil Rajeshirke for Petitioner. Ms. Manjiri S. Parasnis for Respondent no.1.

Mr. S.S. Hulke, APP for the State.

Coram : NITIN W. SAMBRE, J.

Date : 22nd January, 2020 P.C.:

1.

The submission of the learned counsel appearing for the petitioner is, the monthly salary which is receiving by the Petitioner as a skilled worker (Air Conditioner Technician) is around Rs.12,000/- and as such the payment of maintenance of amount of Rs.11,000/- per month to the respondents is exorbitant.

2.

The fact remains that the Petitioner is working as a Technician in a city like Pune, it is not difficult for a skilled person to get around Rs.400/- per day, which is minimum wages prescribed.

Dusane 2/2 8 wp 5655.2018.doc 3.

In the aforesaid background, discarding said evidence considering the occupation of the Petitioner, award of maintenance of Rs.5,000/- to the wife and Rs.3,000/- to each of the child appears to be reasonable.

4.

No interference is called for.

5.

The Writ Petition is dismissed 6.

Hearing of the proceedings are expedited.

( NITIN W. SAMBRE, J. )