Bombay High CourtWP/1640/2016dispossed offdismiss for default

Dhiraj S/O. Digambar Gawai v. Mrs. Rupali W/O. Dhiraj Gawai

2017-03-27Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp1640.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1640 OF 2016 (DHIRAJ DIGAMBAR GAWAI...VS.. SMT. RUPALI DHIRAJ GAWAI.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the Petitioner.

Shri A.R.Khadatkar, Adv. h/f. Ms S.W.Deshpande, Adv. for Respondent.

CORAM : Z.A.HAQ, J.

DATED : MARCH 27, 2017.

None appeared for the petitioner on 25th October, 2016. Today in the morning session none appeared for the petitioner. Therefore, the matter was kept back. In the afternoon session again none appeared for the petitioner. Heard Shri A.R. Khadatkar, advocate holding for Ms S.W.Deshpande, advocate for the respondent. The petitioner -husband has challenged the order passed by the trial Court directing him to pay Rs.2,500/- per month to the respondent-wife and Rs.2,000/- per month to minor son, towards interim maintenance.

In para 12 of the impugned order it is recorded that the wife has stated in her evidence that the present petitioner used to work as truck driver. The learned trial Judge has recorded that the evidence of wife shows that her husband has constructed house and is not having any liability. It is recorded that mother of the present petitioner is receiving pension of Rs.10,000/- and younger brother of the petitioner is also earning.

2 wp1640.16 I find that the learned trial Judge has properly adverted to the relevant aspects while ascertaining the amount of maintenance payable by the petitioner to the respondent-wife and minor child. I see no reason to interfere with the impugned order.

The petition is dismissed. In the circumstances, the parties to bear their own costs.

JUDGE Rraut..