Abhay Prakashrao Deshmukh v. Sulkashana Abhay Deshmukh And Another

wp10798.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10798 OF 2016 Abhay s/o Prakashrao Deshmukh, Age: 38 years, Occu: Labour, R/o. Ithalapur, Tq. & Dist. Parbhani ..PETITIONER

VERSUS

1.

Sulkashana w/o Abhay Deshmukh, Age: 35 years, Occu: Household, R/o. Dagad Dhanora, Tq. Pusad, Dist. Yeotmal 2.

Janvi d/o Abhay Deshmukh, Age: Minor, Occu: Education, Under guardianship of mother Sulkashana Abhay Deshmukh R/o. As above ..RESPONDENTS Mr V. P. Kadam, Advocate for petitioner;

Mr S. B. Ghatol Patil, Advocate for respondents CORAM : NITIN W. SAMBRE, J.

DATE : 11th October, 2017 ORAL ORDER By order dated 17th August, 2016, passed under Section 24 of the Hindu Marriage Act, learned 2nd Joint Civil Judge Senior Division, Parbhani, awarded maintenance of Rs.4,000/- to the respondents, who are daughter and wife of the petitioner. The said order is questioned in the present petition by the petitioner-husband.

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Learned Counsel appearing on behalf of the petitioner-husband submits that the amount of Rs.4,000/- awarded to respondents towards maintenance is exorbitant, as the known source of income of the applicant is agriculture. According to him, in addition to Rs.4,000/- as ordered under Section 24 of the Hindu Marriage Act, the respondents are already getting an amount of Rs.6,000/- towards maintenance under Section 127 of the Code of Criminal Procedure.

3.

The fact of sale of agricultural land for a consideration of Rs.31 Lacs and odd is not disputed by the present petitioner. 4.

In the wake of above, considering the income of the applicant, the maintenance amount of Rs.4,000/- as ordered, does not call for any interference. Thus, writ petition stands dismissed. 5.

The respondent undertakes to co-operate the Court below in expeditious disposal of the proceedings.

(NITIN W. SAMBRE, J.) amj