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Bombay High CourtWP/308/2014dismissed

Deelip Narayan Kshirsagar v. Sow.Pradnya Deelip Kshirsagar

2016-04-06Hon'Ble Shri Justice Nitin W. Sambre2 pages

308.14crwp -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 308 OF 2014 Deelip s/o Narayan Kshirsagar, Age: 37 years, Occ: Labour, R/o. Sachi Nagar, Near Shanti Niketan School, Taroda, Dist. Nanded.

...Petitioner

versus Sow. Pradnya w/o Deelip Kshirsagar, Age: 27 years, Occ: Household, R/o. At present Hadgaon, Tq. Hadgaon, Dist. Nanded.

...Respondent

.....

Mr. Ganesh Shinde, Advocate for petitioner Mrs. S.G.Chincholkar, Advocate h/f Mr. G.N.Chincholkar, Advocate for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 6th APRIL, 2016 ORAL ORDER :

Learned Magistrate, by an order dated 20/12/2012 awarded maintenance of Rs.2500/- per month in favour of respondent-wife, which order was upheld by the revisional Court. 2.

Mr. Shinde, learned Counsel for the petitioner would urge that both the Courts below have wrongly appreciated the evidence of the petitioner.

308.14crwp -23.

Mrs. Chincholkar, learned Counsel for the respondentwife supported the order. According to her, even if presuming that the petitioner is working as labour, still the amount of Rs.2500/- per month awarded towards maintenance is reasonable. 4.

With the assistance, I have perused both the orders. It is claimed by the respondent-wife that the husband is earning about Rs.10,000/- per month from xerox business, Rs.10,000/- per month towards house rent, Rs.25,000/- per month from giving his vehicle on hire and around Rs.3,00,000/- per annum from agricultural land. Though explanation is given that the vehicle which is given on hire is owned by mother and agricultural property is owned by father, who is retired from Government service, in my opinion, the maintenance as ordered of Rs.2500/- per month, is reasonable. 5.

In view of above, no case for interference is made out. As such, the criminal writ petition fails and stands dismissed. [ N.W. SAMBRE, J. ] Tupe/06.04.16