Prashant Mangulal Salunke v. Dipali Prashant Salunke

*1* 931wp10336o19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10336 OF 2019 PRASHANT MANGULAL SALUNKE

VERSUS

DIPALI PRASHANT SALUNKE ...

Advocate for the Petitioner : Shri Bhamre Manish V. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 21st August, 2019 Per Court:

I have heard the learned advocate for the petitioner/ husband. The impugned order is dated 07.12.2018 granting interim maintenance to the respondent/ wife at the rate of Rs.5000/- per month. I find that the learned Family Court, Dhule concluded that it would be appropriate to grant maintenance to the wife from the date she appeared before the court. The wife had filed the application exhibit 15 seeking interim maintenance on 30.11.2018. In the operative part of the order, the maintenance is directed to be paid from 05.06.2018. I do find that the conclusion drawn by the learned Family Court in paragraph 11 in the impugned order is specific and clause 2 of the operative part of the order runs counter to the said conclusion. At this stage, I have considered the submissions of the learned

*2* 931wp10336o19 advocate for the petitioner on the quantum of interim alimony and I am of the considered view that taking into account the salary of the petitioner, which is about Rs.45,000/- per month, the interim maintenance amount is just and proper. I, however, leave this issue open if the wife approaches this court for enhancement.

As such, this writ petition is disposed off with liberty to the petitioner to approach the learned Family Court, Dhule, which passed the impugned order and seek a clarification as regards the payment from the date of appearance of the respondent/ wife.

kps (RAVINDRA V. GHUGE, J.)