Mohd. Shariquetufail S/O. Mohd. Jamil Ahmad v. Asiyatabassum D/O. Mohd. Salim

revn.29.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Revision [REVN] No.29 of 2018 Mohd. Sharique Tufail s/o Mohd. Jamil Ahmed vs.

Asiya Tabassum d/o Mohd. Salim =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Syed Shahid, Advocate for the Applicant. Shri R.R. Srivastava, Advocate for the Non-Applicant.

CORAM

: S.B. SHUKRE, J.

DATE : 26 th MARCH, 2018.

Rule. Rule made returnable forthwith.

Heard finally by consent.

On going through the impugned order, I do not see any illegality or perversity having been committed by the learned Judge of Family Court in passing it.

By this order, maintenance of Rs.10,000/- has been granted to the non-applicant and also of Rs.5,000/- to the daughter of the applicant and the non-applicant. Grant of such maintenance, in the facts and circumstances of the case, appears to be, at least at this stage, just and proper, though one might say that there is still a scope for granting higher maintenance amount given the admitted fact that

revn.29.18 2/2 the applicant is drawing a very high salary from the job of Assistant Professor in a college. But, that would be a subject matter to be considered in different kind of proceedings. The fact is that this applicant, admittedly, performed second marriage after pronouncing Triple Talak to the non-applicant. Even though the applicant created an impression that he loves the non-applicant very much, he went ahead in performing second marriage. The second wife of the applicant has also given birth to a child conceived from this applicant. The non-applicant possesses good qualifications, but the evidence on record shows that those qualifications have not fetched any job to her and the position is that she is unable to maintain herself.

In the circumstances discussed above, I do not see any reason for making interference in the impugned order.

The revision application stands dismissed.

Rule is discharged.

JUDGE *sdw-