Sau. Archna W/O Mahesh Dhore v. Mahesh S/O Bhanudas Dhore

2806cao2112.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION O. NO.2112/2016 IN FAMILY COURT APPEAL NO.76/2016 Sau. Archana w/o Mahesh Dhore ...Versus...

Mahesh s/o Bhanudas Dhore - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.A. Joshi, Advocate for appellant Shri N.S. Warulkar, Advocate for respondent CORAM : SMT. VASANTI A NAIK AND ARUN D. UPADHYE, JJ.

DATE : 28.06.2017 By this civil application, the applicant - wife seeks interim maintenance of Rs.50,000/- per month and Rs.30,000/- towards the litigation expenses.

It is stated on behalf of the applicant-wife that the non-applicant - husband is a Software Engineer and was earning an amount of Rs.1,50,000/- per month. It is submitted that a false statement is however made by the husband in the Family Court that he has resigned from the job and is doing nothing. It is submitted that the applicant-wife is unemployed and is not capable of securing employment. It is stated that the applicantwife has only secured B.A. Degree and has failed in the Bachelor of Engineering Degree Course and is therefore not able to secure job for her livelihood. It is stated that in the circumstances of the case, a direction may be issued against the respondent to pay maintenance pendente lite to the applicant.

2806cao2112.16.odt Shri Warulkar, the learned Counsel for the nonapplicant-husband has opposed the prayer made in the application. It is admitted that the husband is a Software Engineer. It is however submitted that the husband has left the job in March, 2015 and is jobless since then. It is stated that the husband is surviving, solely on the basis of the income received by him from renting one ancestral house and two flats. In the circumstances of the case, we are not prima facie inclined to accept the submission made on behalf of the non-applicant-husband that though he is a Software Engineer he is jobless for the past more than two years. On a reading of the evidence tendered by the parties, we direct the husband to pay a sum of Rs.4,000/- per month to the wife towards maintenance from the month of March, 2017. The arrears of monthly maintenance @ Rs.4,000/- should be cleared by the non-applicant within one month and the non-applicant should deposit the monthly maintenance of Rs.4,000/- in the Family Court at Akola regularly.

The civil application stands disposed of.

FAMILY COURT APPEAL NO.76/2016 Stand over after two weeks for further consideration. JUDGE JUDGE Wadkar