Archana W/O Prashant Gawande And Another v. Mahadeo S/O Fakirrao Sawke And Others

34. CAW 1915 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.1915/2023 IN WRIT PETITION NO.926/2023 (D) Sau. Archana w/o Prashant Gawande and another ...Versus...

Mahadeo s/o Fakirrao Sawke and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri C.A. Joshi, Advocate for petitioners Ms Isha Thakre, Advocate for respondent no.1 Ms Tajwar Khan, AGP for respondent nos.2 and 3 CORAM : AVINASH G. GHAROTE, J.

DATE : 10/07/2023 1.

Heard.

2.

The civil application seeks modification of the order dated 15/03/2023 passed in Writ Petition No.926/2023, by which a maintenance of Rs.25,000/- per month has been granted to the respondent no.1.

3.

A plea is being sought to be raised that under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, the Act of 2007" herein after) the maximum limit permissible for maintenance is Rs.10,000/- per month and therefore the amount of

34. CAW 1915 of 2023.odt maintenance @ Rs.25,000/- per month is beyond the statutory mandate. A perusal of para 3 of the order dated 15/03/2023 would indicate that the amount of Rs.25,000/- per month was granted on account of statement made by the learned counsel for the petitioner upon instructions of his client, accepting which statement, the amount of Rs.25,000/- per month has been granted. Though the Act of 2007 imposes a statutory limit, however, that does not prevent a party from agreeing to pay higher amount. The civil application is, therefore, rejected. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR