Dattatray Ekhanath Salunke v. Sau Manisha Dattatray Salunke

crirev195.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 195 OF 2015 Dattatray Ekhanath Salunke, Age: Major, Occu: Agri., R/o Ghodegaon, Tq. Newasa, Dist. Ahmednagar ..APPLICANT

VERSUS

Sau. Manisha Dattatray Salunke, Age: Major, Occu: Service, R/o Ghodegaon, Tq. Newasa, Dist. Ahmednagar, At present R/o C/o. Daulat Rangnath Kasane, R/o. Manjari, Tq. Gangapur, Dist. Aurangabad ..RESPONDENT Mr D. K. Dagadkhair, Advocate for applicant;

Mr H. T. Gaikwad, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 24th June, 2016 ORAL ORDER :

Heard learned Counsel for respective parties. 2.

The learned Principal Judge, Family Court, Aurangabad, on 30th June, 2015, vide petition No. E-598 of 2000, in exercise of powers under Section 125 of the Code of Criminal Procedure, has awarded maintenance of Rs. 1,000/- p.m., which is questioned in the present proceedings. The learned Counsel appearing on behalf of applicant made following two fold submissions:

crirev195.15 (2) (a) that, the respondent-wife is gainfully employed as Anganwadi Sevika and getting honorarium of Rs. 5,000/-. (b) that, the consideration that the applicant owns 3 Acres of land property, is incorrect and infact the applicant owns only 1 Acre land property.

With the assistance of learned Counsel for respective parties, I have perused the entire record. It is required to be noted that, what is ordered by the learned Principal Judge, Family Court, is payment of maintenance of Rs. 1,000/-.

Even though, the respondent is getting Rs. 5,000/- p.m. as an honorarium, however, it is to be noted that in the year 1999, out of wedlock of the present applicant with that of respondent-wife, daughter was borned and the respondent-wife is required to be maintained to the daughter also. In view thereof, in my opinion, no case for interference is made out. Criminal Revision Application fails and stands rejected. (N.W. SAMBRE, J.) sjk