Bhagwan Dattatray Waghmare v. Komal Bhagwan Waghmare

(1) 11-wp-2393-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2393 OF 2023 BHAGWAN DATTATRAY WAGHMARE

VERSUS

KOMAL BHAGWAN WAGHMARE ...

Mr. B. N. Gadegaonkar, Advocate for the Petitioner. ...

CORAM : SHARMILA U. DESHMUKH, J.

DATED : 03rd MARCH, 2023.

PER COURT:- 1.

The petition takes exception to the order dated 01.11.2022 granting interim maintenance of Rs.1500/- per month to the respondent-wife and Rs.1500/- per month to the minor daughter.

2.

Learned counsel appearing for the petitioner submits that the respondent has a source of income and a such, she is not entitled to maintenance and he would further submits that out of three children, two children are residing with him and as such, he has to bear the expenses of these two children. He would further submit that he is having a monthly income of Rs.6000/- and as such, an amount of Rs.3000/- is excessive.

3.

Considered the submission of the learned counsel for the petitioner.

4.

In the present case, the interim maintenance has been granted by the Family Court while taking into consideration all

(2) 11-wp-2393-2023 the aspects as regards the income of both the parties and as such, had given a finding that respondent-wife is not having any source of income and she is unable to maintain herself and minor daughter. The Family Court has also taken into consideration the various documents produced by the petitioner and as such, has granted a sum of Rs.3000/- per month to respondent-wife and minor child, which in my opinion cannot be faulted with. 5.

Writ Petition is devoid of merits and accordingly stands dismissed.

6.

At this stage learned counsel for the petitioner submits that there is a possibility of mediation. The Counselor attached to the Family Court, Nanded is requested to arrange for a mediation meeting to explore the possibility of amicable settlement.

(SHARMILA U. DESHMUKH) JUDGE Devendra/March-2023