Pralay S/O Kashinath Meshram v. Salama Wf/O Pralay Meshram And Another

(1) crwp746.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.746/2023 Pranay Kashinath Meshram .Vs. Smt. Salama w/o Pranay Meshram and anr. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. N. Nandeshwar, Advocate for petitioner. CORAM :

ANIL L. PANSARE, J.

DATE :

09.10.2023 The order dated 04.10.2023, granting interim maintenance to the wife at the rate of Rs.3,000/- and to the son at the rate of Rs.2,500/-, total amounting to Rs.5,500/-, has been challenged by way of present writ petition.

The counsel for the petitioner-husband has invited my attention to Annexure-D, termination letter issued by the employer of the petitioner. He has been terminated on the count of continued absence. The termination letter is dated 31.05.2023.

It appears from the impugned order that the petitioner has not placed on record details of statement of assets and liabilities including the bank balance and, therefore, the learned Judge, Family Court has taken the petitioner's income as Rs.40,000/- per month, in terms of the pleadings of the wife.

The order impugned has been passed by the Family Court upon application filed by the wife under Section 125 of the Criminal Procedure Code, 1973. The relationship between the parties is not denied. Learned

(2) crwp746.23 counsel for the applicant submits that the evidence of wife has been recorded.

In the circumstances and considering the meager amount of interim maintenance granted and considering the stage of the proceeding, I am not inclined to interfere with the impugned order in the writ jurisdiction. There is no substance in the petition. It is, therefore, dismissed.

(Anil L. Pansare, J.) Kahale