Ashok S/O. Jalinder Takle v. Kaveri W/O. Ashok Takle And ANR.

criwp194.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 194 OF 2016 Ashok s/o Jalinder Takle, Age: 28 years, Occu: Agril., R/o Shiral, Tq. Ashti, Dist. Beed ..PETITIONER

VERSUS

1.

Kaveri w/o Ashok Takle, Age: 31 years, Occu: Labour, R/o Pandharwadi(Kotan), Tq. Patoda, Dist. Beed 2.

Rushikesh s/o Ashok Takle, Age: 5 years, Occu: Nil, U/g. of mother respondent No. 1 ..RESPONDENTS Mrs S. G. Chincholkar, Advocate for petitioner; Mr S. D. Hiwrekar, Advocate for respondents CORAM : N.W. SAMBRE, J.

DATE : 31st August, 2016 ORAL ORDER :

Learned Additional Sessions Judge, Beed, in Criminal Revision No.78 of 2015, awarded maintenance of Rs.3,500/- and Rs.1,500/-, respectively to the respondents, after adjusting the amount of Rs.2,000/- as ordered to be paid under the provisions of the Protection of Women from Domestic Violence Act. The said order is questioned on the ground that, having regard to the source of income of the petitioner, as his holding is just 96 Gunthas, he will not be in a position to honour the said order and the same will cause financial hardship to him.

criwp194.16 (2) 2.

It is not in dispute that the petitioner and his mother and father's holding if taken together comes to about 3 Hectares and odd R, i.e. about 9 Acres. Apart therefrom, the petitioner is able bodied person and the fact remains that the Court, while considering the quantum of maintenance to be awarded, has adjusted the amount of maintenance awarded under the provisions of the Protection of Women from Domestic Violence Act. Thus, the amount of maintenance of Rs.3,500/- and Rs.1,500/- per month, payable to the respondents, appears to be just and proper. No interference is warranted in extraordinary jurisdiction. 3.

In view thereof, Criminal Writ Petition fails and stands rejected. (N.W. SAMBRE, J.) amj