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Bombay High CourtWP/13330/2022disposed off

Ashutosh Dhondiram Dendge v. Vaishnavi Ashutosh Dendge

2023-01-09Hon'Ble Justice Sharmila U. Deshmukh2 pages

(1) 25-wp-13330-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13330 OF 2022 ASHUTOSH DHONDIRAM DENDGE

VERSUS

VAISHNAVI ASHUTOSH DENDGE ...

Mr. Sudheer R. Zambare, Advocate for the Petitioner. ...

CORAM : SHARMILA U. DESHMUKH, J.

DATED : 09th JANUARY, 2023.

PER COURT:- 1.

Heard the learned counsel appearing for the petitioner.

2.

The challenge in the petition is to the grant of interim maintenance of Rs.4000/- to the respondent-Wife and Rs.2000/- to their daughter from the date of filing of the application. 3.

Learned counsel appearing for the petitioner submits that, the respondent is working in the Renuka Mata Multi State Bank, Ahmednagar and the said fact is reflected in the order dated 02.12.2021. The perusal of the impugned order shows that, the respondent-Wife has produced on record a Bank statement for the last three years, which shows only a meagre balance available in the bank account and a admission has been made by her that she was previously working in the Renuka Mata Multi State Bank, Ahmednagar and since her marriage she is not employed and is not earning anything. There is no document which has been filed by the husband to show that even as on today she is working in the said bank.

(2) 25-wp-13330-2022 4.

Learned counsel appearing for the petitioner would further submit that the amount granted by the Family Court is excessive and he is ready to pay maintenance to his daughter and the amount granted to the respondent-Wife be reduced. 5.

Considering that the petitioner-Husband has not produced any document on record to show the earning capacity of the respondent-Wife and also considering the fact that, the Family Court has arrived at the finding based on the bank statement submitted by the respondent-Wife, which shows meagre balance available in her account, it cannot be said that the impugned order suffers from any infirmity.

6.

Considering the above, I am not inclined to interfere with the impugned order. Writ Petition is accordingly dismissed. (SHARMILA U. DESHMUKH) JUDGE Devendra/January-2023