Rajendra Nanaji Ahire v. Pallavi Rajendra Ahire And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO.8051 OF 2019 RAJENDRA NANAJI AHIRE

VERSUS

PALLAVI RAJENDRA AHIRE AND ANOTHER ...

Advocate for Petitioner : Shri Ambade P.V.

...

CORAM : RAVINDRA V. GHUGE, J.

Dated: July 30, 2019 ...

PER COURT :- 1.

The petitioner is aggrieved by the order dated 12.3.2019, by which, application filed by the respondent No.1 / wife at Exhibit 23 in Special Darkhast No.3 of 2018, seeking attachment to the extent of Rs.12,143/- per month from the salary of the petitioner / husband, has been allowed.

2.

Learned Advocate for the husband strenuously submits that the wife used to quarrel with him and left the matrimonial home to reside with her parents at Amalner. Certain proceedings were initiated between the parties. There was a compromise arrived at subsequently, which has been recorded by order dated 2.9.2015. The wife returned to the matrimonial home and thereafter has again left. 3.

I find that the issue before the executing Court was as regards the arrears of payment of interim maintenance. The wife had claimed akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2- WRIT PETITION NO.8051 OF 2019 attachment of the salary so as to secure the payment of the monthly maintenance. The petitioner draws a salary of Rs.45,533/- per month after the statutory deductions. Arrears of maintenance have reached a high amount.

4.

Considering the above, I find that the impugned order cannot be termed as being perverse or erroneous since it ensures that the legal obligation cast upon the petitioner to pay the maintenance amount to the wife, is fulfilled.

5.

This petition being devoid of merits is, therefore, dismissed. ( RAVINDRA V. GHUGE, J. ) ...

akl/d