Revannath Revaji Rohokale v. Ashwini Revannath Rohakale And Another

937 WP 3388 22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 WRIT PETITION NO.3388 OF 2022 REVANNATH REVAJI ROHOKALE

VERSUS

ASHWINI REVANNATH ROHAKALE AND ANOTHER ...

Advocate for Petitioner : Mr. Narwade Narayan B. AGP for Respondent No.2/State : Mr. K.B. Jadhavar

CORAM

: MANGESH S. PATIL, J.

DATE : 14.07.2022.

PER COURT :

Heard the learned advocate for the petitioner who is bold enough to challenge the order passed by the Family Court deciding an interim alimony to be paid to the respondent No.1-wife and their two children which are in her custody.

2.

After going through the affidavits filed by the petitioner, the Family Court has determined the interim alimony by taking into account even the alimony being paid by the petitioner even in the proceeding under the Protection of Women from Domestic Violence Act. As can be seen, the petitioner is earning around Rs. 70,000/- per month as a gross salary. Though he has stated that his net income is less because of his private loans and other deductions, he is not fair enough to disclose how much are the statutory deductions from his salary. 3.

Considering the contents of the affidavit and by referring to several other factors, the Family Court has determined the alimony in aggregate which for the respondent No. 1-wife and the two children comes around Rs. 15,000/- per month, which cannot be said to be disproportionate to his income.

1/2

937 WP 3388 22.odt 4.

In addition, going by the calculations the total amount which the respondent No. 1 and two children would be entitled to recover as maintenance is around Rs. 3,50,000/- and the petitioner has merely paid Rs. 2,80,000/- up till now.

5.

Having considered all the aforementioned facts and circumstances and the reasoning given by the trial court, I do not feel that this Court should entertain the writ petition.

6.

The Writ Petition is dismissed.

(MANGESH S. PATIL, J.) mkd/- 2/2