Ravindra Yashvant Bhosle v. Alka Ravindra Bhosle And ORS

223.06crrevn -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 223 OF 2006 Ravindra s/o Yashwant Bhosle, Age: 42 years, Occ: Labour, R/o., Londha, Tq. Chalisgaon, Dist. Jalgaon.

...Applicant versus 1.

Alka w/o Ravindra Bhosle, Age: 34 years, Occ: Household, 2.

Rekha d/o Ravindra Bhosle, Age: 19 years, Occ: Education, (As per Court's order dtd.13/12/2011 revision against R-No.2 disposed) R/o. C/o. Digambar Sarjerao Padik, Vishnu Nagar, Aurangabad.

...Respondents

.....

Mr. P.B. Patil, Advocate for applicant Mr. S.A. Nagarsoge, Advocate for respondent No. 1 .....

CORAM : N.W. SAMBRE, J.

DATE : 1st APRIL, 2016 ORAL ORDER :

The order dated 10/02/2006 passed by the Family Court, Aurangabad, ordering payment of maintenance of Rs.900/- per month to wife and Rs.800/- per month to daughter, total Rs.1700/- per month, is questioned herein.

2.

It is informed that the daughter has already attained the age of majority and as such, the order rendered redundant to the

223.06crrevn -2extent of daughter. So far as the payment of maintenance to the wife is concerned, two-fold submissions are made ; (a) that there was already decree for divorce and (b) the income is not properly taken into account.

3.

It is required to be noted that irrespective of decree of divorce, the applicant is duty bound, in view of statutory provisions to pay maintenance, as such, said submissions are rejected. 4.

So far as the second limb of submissions is concerned, considering the quantum of Rs.900/- per month as was awarded, in my opinion, labour also earns more than Rs.200/- per day i.e. 6000/- per month.

5.

In the above referred background, in my opinion, no case for interference is made out. As such, the revision application fails and stands dismissed.

6.

Needless to say that the amount already paid to the wife is to be adjusted from the amount payable to the respondent-wife. [ N.W. SAMBRE, J. ] Tupe/01.04.16