Suresh Digambarrao Shinde v. Archan Suresh Shinde Alias Archana Subhashrao Renge

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8391 OF 2019 Suresh s/o Digambarrao Shinde Petitioner

Versus

Archan w/o Suresh Shinde (Archana d/o Subhashrao Renge) Respondent Mr. A.D. Wange, Advocate holding for Mr. M.V. Ghatge, Advocate for the petitioner.

CORAM : Ravindra V.Ghuge, J.

DATE : 10/07/2019 PER COURT :

The petitioner-husband is aggrieved by the order dated 04.01.2019, passed by the trial Court vide which, interim maintenance at the rate of Rs. 4,000/- per month has been granted to the wife by allowing application Exhibit-13 in H.M.P. No. 134/2018. The learned advocate for the petitioner has strenuously criticised the impugned order. His contention is that he is very much disturbed because of his wife. He also submits that he is willing to give her divorce, but she is not willing to give him divorce. He submits that his earning is about Rs. 15,000/- and he is an

- 2 - employee in the Marathwada Krishi Vidyapeeth, Parbhani. Despite his strenuous submissions, I find that the impugned order is in tune with the settled principles of law that the wife must get such an amount of maintenance which will enable her to sustain herself and maintain her dignity. Rs.4000/- per month, as an interim arrangement, cannot be said to be exorbitant. The learned Counsel for the petitioner submits that he is willing to have mediation in the proceedings, but he does not desire to continue with the marriage.

In view of the above, this petition being devoid of merits, is dismissed.

In the event, the petitioner requests the trial Court for referring the matter to a mediator to seek a permanent resolution of the dispute, the trial Court may consider such request. ( Ravindra V.Ghuge, J.) adb