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Bombay High CourtWP/952/2022dismissed

Chetan S/O Nandkishor Tiwari v. Arti W/O Chetan Tiwari, (Nee. Aarti D/O Laxmanprasad Tiwari)

2022-03-07Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 30 wp 952.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 952 OF 2022 Chetan s/o Nandkishor Tiwari ..VS..

Aarti w/o Chetan Tiwari - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Shankar Borkute, Advocate for the petitioner. CORAM : ROHIT B. DEO, J.

DATED :

07/03/2022.

Heard.

2.

The challenge is to the order dated 01.12.2020 rendered by the learned Judge, Family Court-4, Nagpur, whereby the petitioner-husband is directed to pay the respondent-wife monthly interim maintenance of Rs.5,000/- (Rupees Five Thousand Only).

3.

While the submission is that the interim maintenance is disproportionate to the income of the husband, I note that the learned Judge of the Family Court has assumed the monthly income to be Rs.20,000/- (Rupees Twenty Thousand only), since admittedly, the husband is a businessman and operates a Photocopy Center.

4.

It is conceded by the learned Counsel for the Husband that the Income Tax Returns are not place on record. Be that as it may, some leeway must be granted to the Courts while deciding the quantum of interim maintenance. There cannot be a mathematical formula.

5.

In this view of the matter, I see no reason to interfere with the order of the interim maintenance.

2 30 wp 952.2022 6.

The petition is without substance and is dismissed.

7.

The Registrar (Judicial), shall forward the copy of this order to the learned Judge of the Family Court, Nagpur, within the next 7 days.

JU DGE Trupti TRUPTI SANTOSHJI AGRAWAL 07.03.2022 18:43