Angad Shivram Ghodge v. Putlabai Angad Ghodge

(1) WP-1162.2020.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 33 WRIT PETITION NO.1162 OF 2020 ANGAD SHIVRAM GHODGE

VERSUS

PUTLABAI ANGAD GHODGE ...

Mr. M.L. Dharashive, Advocate for the petitioners. ...

CORAM :

Rohit B. Deo, J.

DATE :

22nd January 2020.

PER COURT :- .

The petitioner is challenging the order dated 30.04.2019 whereby the Family Court, Latur directed the petitioner to pay interim monthly maintenance of Rs.3,000/- to the respondent.

2.

Having heard the learned Counsel for the petitioner, I am not inclined to exercise the writ jurisdiction. 3.

According to the petitioner, the sister of the respondent herein was his legally wedded wife. The petitioner contends that his legally wedded wife died in the year 1996 and since then the respondent is working in his house as a Maid on monthly salary of Rs. 1500/-.

(2) WP-1162.2020.odt 4.

Both the petitioner and respondent herein placed on record certain affdavits in support of their respective claim. The learned Judge of the Family Court rightly observed that while considering the application for interim maintenance, the Court is not expected to make a searching enquiry into every disputed fact and suffce it if the Court fnds that prima facie the petitioner before the Court is not in a position to maintain herself. That apart, the learned Judge of the Family Court prima facie found that the petitioner treated the respondent as a legally wedded wife. It is noted that the present petitioner opened a joint bank account in which the name of the respondent herein i.e. the petitioner in the Family Court, is recorded as 'wife' and there is a similar entry in the ration card.

5.

In this view of the matter, the petition is without substance and is accordingly dismissed.

(ROHIT B. DEO, J.) VD_Dhirde