Santosh Shivaji Patil v. The State Of Maharashtra And ORS

Dusane 1/2 2 wp 3892.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3892 OF 2016 Mr. Santosh Shivaji Patil ....

Petitioner Vs.

The State of Maharashtra & Ors.

....

Respondents Mr. Raviraj S. Gamare for Petitioner.

Coram : NITIN W. SAMBRE, J.

Date : 12th February, 2020 P.C.:

1.

The monthly maintenance was enhanced from Rs.1,500/- to Rs.4,000/- and Rs.2,000/- in favour of wife and child. 2.

The submissions of learned counsel for the petitionerhusband are, he is working as Mason and earning around Rs.7,000/- per month and that being so, the amount of enhanced maintenance is unrealistic.

3.

Even if presuming that the applicant is working as Mason, considering his average income of Rs.500/- per day, it could be noticed

Dusane 2/2 2 wp 3892.2016.doc that the petitioner is earning Rs.15,000/- per month. That being so, the award of enhanced maintenance of Rs.4,000/- and Rs.2,000/- respectively in favour of wife and child cannot be termed to be exorbitant. No substance in the petition, which warrants interference in extra ordinary jurisdiction.

4.

The Writ Petition fails. Dismissed.

( NITIN W. SAMBRE, J. )