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Bombay High CourtWP/288/2022dismissed

Madhav S/O Ashruji Hiwale v. Sau. Shaila W/O Madhav Hiwale And Another

2022-01-27Hon'Ble Shri Justice Rohit Baban Deo2 pages

6-WP-288-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION 288 OF 2022 (Madhav s/o Ashruji Hiwale, Washim Vs. Sau. Shaila w/o Madhav Hiwale, Buldhana & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.K. Wankhade, Advocate for the petitioner. .....

CORAM : ROHIT B. DEO, J.

JANUARY 27, 2022.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2] The petitioner husband has invoked writ jurisdiction complaining that the maintenance of Rs.5,000/- per month which is directed to pay to his wife and two minor children aged 8 and 7, is harsh. 3] The facts which are culled out in the order impugned rendered by the Joint Civil Judge Senior Division, Washim in H.M.P. 86/2018 reveal that the petitioner is a medical practitioner who is holding the degree of BAMS (AM). Even according to the petitioner, he earns monthly income of Rs.10,000/- to 15,000/-.

4] It is not in dispute that the wife of the petitioner is maintaining the two children. In this view of the matter, the maintenance which is granted

6-WP-288-2022 pendente-lite is the bare minimum maintenance which the wife and the two children would require to ensure, a sustainable living, if not a dignifying living. 5] Nothing is pointed out to warrant interference in writ jurisdiction.

6] The petition is dismissed. The Registry shall forward a copy of this order to the learned trial Court, within the next two weeks.

(JUDGE) Sumit AGRAWAL