Govind Jalinder Nalawade v. Madhuri W/O. Govind Nalawade And Others

1 933-wp 1459-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1459 OF 2022 Govind Jalinder Nalawade .. Petitioner

Versus

Madhuri Govind Nalawade and others .. Respondents Mr. Sachin S. Panale, Advocate for the Petitioner. CORAM : KISHORE C. SANT, J.

DATED : 29th NOVEMBER, 2022.

P. C. :- 1.

Heard learned advocate for the petitioner.

2.

The petitioner is challenging the order passed by the learned Sessions Court confirming the order passed by the learned J.M.F.C. in PWDVA No. 66/2019 dated 14.01.2022 on application below Exhibit 7. By its order, the learned J.M.F.C. has directed to pay Rs. 5,000/- (Rs. Five Thousand only) to wife and Rs. 2,500/- (Rs. Two Thousand Five Hundred only) to son of the present petitioner towards interim maintenance. The said order dated 14.01.2022 was challenged in appeal bearing Criminal Miscellaneous Appeal No. 3/2022. Learned advocate submits that while passing the order both the Courts below have not taken into consideration the deductions from the salary. He is

2 933-wp 1459-22.odt required to pay for the treatment of his mother and his daughter and the same is not considered etc. From the salary certificate, it is seen that his monthly salary for the month of July 2022 shows that his band pay is Rs. 39,200/- (Rs. Thirty Nine Thousand Two Hundred only) and his total salary is Rs. 62,230/- (Rs. Sixty Two Thousand Two Hundred Thirty only).

3.

Considering the fact that, it is only an interim arrangement and considering that it can not be said to be disproportionate to the income of the husband, this Court is of the opinion that no ground is made out to call for interference with the impugned order. There is no merit in the petition. The petitioner if feels would raise his all defences in the proceedings before the learned Trial Court. As such, the writ petition is dismissed and disposed of accordingly.

( KISHORE C. SANT, J. ) P.S.B.