Bombay High CourtWP/2636/2014dispossed offdismiss for default

Vinod S/O Surajprasad Jaiswal v. Sau. Shradha W/O Vinod Jaiswal

2016-07-05Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp2636.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2636 OF 2014 (VINOD SURAJPRASAD JAISWAL...VS..SAU. SHRADHA VINOD JAISWAL.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JULY 05, 2016.

Heard Shri A.V.Bhide, learned advocate for the petitioner-husband and Shri S.D. Chopade, advocate for the respondent-wife.

The petitioner has challenged the order passed by the trial Court directing the petitioner to pay Rs.Two Thousand per month to the respondent towards interim maintenance. It is submitted that the respondent made a false claim before the trial Court and though she was in employment, she misrepresented that she was not in employment and was not earning anything.

Be that as it may, the trial Court has considered the documentary evidence placed on record which shows that the respondent was in employment and after considering the fact that the respondent was temporarily in employment till 4th February, 2014, the trial Court has granted interim maintenance. The trial Court has considered all the relevant aspects. I see no reason to interfere with the impugned order. The petitioner has filed Civil Application No. 1402 of 2016 seeking permission to amend the writ petition and to

2 wp2636.14 bring on record the subsequent events and documents on record to show that now the respondent is employed and is earning Rs.15,000/- per month.

I am not inclined to consider the amendment application as it is open to the petitioner to file appropriate application before the trial Court and to raise challenges as raised in the amendment application.

In view of the above, the petition as well as civil application are disposed of. In the circumstances, the parties to bear their own costs.

JUDGE RRaut..