Kailas Raoji Pawar v. Mamata Kailas Pawar @ Mamata D/O Raghoji Kadam

2024:BHC-AUG:25028 ( 1 ) 913 cri wp 1330.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CRIMINAL WRIT PETITION NO. 1330 OF 2024 KAILAS RAOJI PAWAR

VERSUS

MAMATA KAILAS PAWAR @ MAMATA D/O RAGHOJI KADAM .....

Advocate for the Petitioner : Mr. Uttarwar Pavan P. .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

15.10.2024 P.C.:- 1.

Heard advocate Mr. Uttarwar the learned counsel appearing for the Petitioner at length.

2.

The Petitioner has challenged the judgment and order dated 07.03.2024 passed by the learned Family Court, Nanded below Exh.5 in Petition E-15/2023, whereby the interim maintenance of Rs.4,000/- was granted to the Respondent No.1 and Rs.2,000/- interim maintenance was granted to the Respondent No.2-minor child.

3.

The Respondent Nos.1 and 2 are the Original Applicants in Petition No.E-15/2023. The present Petitioner is the husband of the Respondent No.1 and father of Respondent No.2-minor child. On face of record, it appears that on 09.06.2019 the marriage between the Petitioner and

( 2 ) 913 cri wp 1330.24 Respondent No.1 was solemnized at Nanded. Out of their matrimonial relations they were blessed with a child/Respondent No.2. The Respondent No.1 was subjected to cruelty and domestic violence was raised on the grounds set out in the petition. Therefore, the Respondent No.1 filed an application under Section 125(1) of the Cr.P.C. and prayed for interim maintenance. The Petitioner/Original Respondent appeared in the matter and filed a reply Exh.18. On 21.01.2023, the Respondent No.1 filed Exh.5 and prayed for interim maintenance of Rs.8,000/- for herself and Rs.4,000/- for the Respondent No.2-Child.

4.

On 03.07.2024, the learned Family Court, Nanded passed the impugned order holding that the present Petitioner was working with the finance company and had handsome income. The present Petitioner is a graduate and being a bodily able person he has to work and considering the financial status and income, the learned trial Court granted interim maintenance @ Rs.4,000/- per month to the Respondent No.1 and Rs.2,000/- per month to the Respondent No.2/Minor child which does not appear to be illegal, bad in law and no any substantial grounds are set out to interference with the said finding. Therefore, the present petition is dismissed. No order as to the cost.

[Y.G. KHOBRAGADE, J.] mub