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Bombay High CourtWP/2577/2019disposed offdismissed for default

Sachin Narayan Sonar v. Priyanka Sachin Sonar

2019-12-11Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2577 OF 2019 SACHIN NARAYAN SONAR

VERSUS

PRIYANKA SACHIN SONAR Mr.N.N.Desale, Advocate for the petitioner.

Mr.Y.G.Gujrathi, Advocate for the respondent. ( CORAM : Ravindra V.Ghuge, J.) DATE : 11/12/2019 PER COURT :

1.

The petitioner/husband is aggrieved by the order dated 26/11/2018 passed by the learned Family Court, Dhule, by which an amount of Rs.8,000/- has been directed to be paid as interim maintenance to the respondent/wife, who also has a minor girl child residing with her. The petitioner is a software engineer and is said to be in employment.

2.

The learned Advocate for the wife submits that the Hon'ble Apex Court has recently delivered a judgment in the matter of Kalyan Dey Chowdhury Versus Rita Dey Chowdhury Nee Nandy [(2017) 14 SCC 200], by which 25% of the monthly earnings of the husband are to be paid as maintenance to maintain the dignity and the lifestyle as

- 2 - well as responsibilities of the wife.

3.

I find that a meager amount has been granted as an interim maintenance by the learned Family Court and it cannot be branded as being an exorbitant amount.

4.

Despite the strenuous submissions of the learned Advocate for the petitioner/husband and the 11 grounds formulated in the memo of the petition, I do not find that the impugned order calls for any interference.

5.

This petition, being devoid of merit, is therefore dismissed. 6.

The learned Advocate for the petitioner/husband submits on instructions that the parties can make one last effort to save the marriage. The learned Advocate for the respondent submits that the husband is in arrears and if the arrears are paid, the respondent would consider the circumstances for finding a resolution to the dispute.

7.

In view of the above, the learned Family Court, Dhule may initiate mediation proceedings as a last chance subject to the petitioner clearing the arrears of maintenance.

- 3 - ( Ravindra V.Ghuge, J.)