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Bombay High CourtWP/3698/2014dismissedrule discharged

Kishor Rameshrao Dhande v. Sau. Chaitali W/O Kishor Dhande And Anothers

2015-07-10Hon'Ble Shri Justice A.S. Chandurkar2 pages

12-WP-3698-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3698 OF 2014 Kishor Rameshshrao Dhande -vsChaitali W/o Kishor Dhande & Anr.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri K. S. Narwade, Advocate for petitioner.

CORAM : A.S.CHANDURKAR, J.

DATE : JULY 10, 2015 The petitioner herein has taken exception to the order passed by the Family Court directing payment of interim maintenance of Rs.3000/- per month to respondent No.1 and Rs.2000/- per month to respondent No.2.

On behalf of the petitioner, it is submitted that said figure has been arrived at merely on the basis of surmises. There was no material on record to come to the conclusion that the petitioner must be earning Rs.15000/- per month. It is not in dispute that the petitioner is doing private business on the basis of which the Family Court has directed him to pay interim maintenance.

Considering the nature of business being conducted by the petitioner, it cannot be said that the amount as directed to be paid as interim maintenance is unreasonable. If the petitioner leads evidence before the Family Court to indicate his actual income, said aspect

12-WP-3698-14 2/2 shall be considered while finally deciding the proceedings. Hence at this stage, there is no reason to interfere with the interim order. Petition is therefore dismissed with no order as to costs.

JUDGE Asmita