Shiakh Mustak S/O Shaikh Munir v. Akhilabee W/O Shaikh Mustak And Others

151.16crvn (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLIATION NO. 151 OF 2016 Shaikh Mustak s/o Shaikh Munir, Age: 40 years, Occu: Labour, R/o Shewala, Tq. and Dist. Hingoli ..APPLICANT

VERSUS

Akhilabee w/o Shaikh Mustak & ors.

..RESPONDENTS Mr G. G. Kadam, Advocate for applicant;

Mr Mujtaba Gulam Mustafa, Advocate for respondents CORAM : N.W. SAMBRE, J.

DATE : 19th OCTOBER, 2016 ORDER :

Learned Judge, Family Court, Nanded, at the behest of respondents, awarded maintenance of Rs.2000/- per month to respondent-wife and Rs.1500/- per month to each child, which is questioned here on the ground that learned Court below has failed to record findings as regards income of the applicant.

2.

If the observations of learned Family Court are scrutinized, it is brought on record by

151.16crvn (2) learned Counsel for the applicant that he is doing labour work. Even if presuming that the applicant is doing some labour work, the income of the applicant could be presumed to Rs.300/- per day i.e. Rs.9000/- per month.

3.

In view thereof, the amount of maintenance as ordered, appears to be just and proper but for little modification in the quantum. Respondentwife will be entitled for maintenance of Rs.1500/- (Rs. One thousand five hundred only) per month, instead of Rs.2000/- (Rs. Two thousand only) per month and each child will be entitled for maintenance of Rs.1200/- (Rs. One thousand two hundred only) per month instead of Rs. 1500/- per month.

4.

With the above modification, criminal revision application stands disposed of.

(N.W. SAMBRE, J.) Tupe