Bombay High CourtWP/819/2018dismissed

Mr. Tikaram S/O. Maroti Mangar v. Sau. Bhumika @ Deepali W/O. Tikaram Mangar And Another

2018-09-24Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp819.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.819/2018 Mr. Tikaram S/o Maroti Mangar ..Vs..

Sau. Bhumika @ Deepali W/o Tikaram Mangar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.R. Vyas, Advocate for the petitioner.

CORAM : Z.A. HAQ, J.

DATE : 24.9.2018.

Heard.

By this petition, judgment passed by the learned Sessions Judge dismissing the appeal filed by the petitioner under Section 29 of the Protection of Women from Domestic Violence Act, 2005 is challenged. In the appeal, which was filed by the petitioner before the Sessions Court, order passed by learned Magistrate in proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was challenged. The learned Magistrate allowed the complaint filed by the present respondents (wife and minor daughter of petitioner) and granted reliefs as mentioned in the order.

The substantive challenge before this Court is regarding the amount of maintenance granted by the learned Magistrate. In the judgment passed by the learned Sessions Judge, the relevant considerations are found in paragraph No.21 which shows that gross salary

2 wp819.18 of the petitioner is Rs.22,734/-. The learned Sessions Judge has recorded that after deductions the petitioner is receiving around Rs.20,000/- per month. It is further recorded that the family background of petitioner as well as respondents (wife and minor daughter of petitioner) shows that they belong to middle class.

After going through the judgment passed by the learned Sessions Judge, I find that all the relevant aspects are considered. I do not find any illegality or perversity of such nature which necessitates the interference by this Court in the extraordinary jurisdiction. The writ petition is dismissed. No costs. JUDGE Tambaskar.