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Bombay High CourtWP/4716/2022disposed off

Vilas Krishna Magdum Alias Jadhav v. Mangal Vilas Magdum Alias Jadhav And ANR

2024-12-06Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

9-wp-4716-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4716 OF 2022 Vilas Krishna Magdum Alias Jadhav ..

Petitioner.

v/s.

Mangal Vilas Magdum Alias Jadhav & Anr.

..

Respondent.

Mr. Abhijit Adagule a/w Ms. Ketaki Patil for Petitioner. Mr. A.D. Khamkhedkar APP for State.

Mr. Abhishek T. Ingale i/b Mr. Tejpal S. Ingale a/w Mr. Chaitanya N. Narvekar for Respondent.

CORAM: FIRDOSH P. POONIWALLA,J.

DATE : 6 December, 2024.

P.C:- 1.

This Petition challenges an Order dated 20th September 2022, whereby, the Petitioner-husband has been directed to pay interim maintenance of Rs. 10,000/- per month.

2.

It is the case of the Petitioner that the Respondent-wife is earning her own livelihood and does not need any maintenance. Further, it is also the case of the Petitioner that, from the pension that he is getting, he has to maintain many family members who are dependent on him. In these circumstances, the Petitioner-husband seeks reduction of the interim maintenance granted to the Respondent-wife. Mansi Shelke

9-wp-4716-2022.doc 3.

The Family Court, while granting the Interim maintenance, has recorded that the Petitioner-husband is getting more than Rs. 27, 000/- per month towards his pension. The Family Court has also recorded that the Petitioner has agricultural land in his name and that there was nothing on record to show that the Respondent- wife was doing tailoring work and earning from it, as alleged by the Petitioner-husband. 4.

In these circumstances, considering the reasonable needs of the Respondent-wife, and the income of the Petitioner, the Family Court has directed the payment of interim maintenance of Rs. 10,000/-. 5.

In my view, the findings in the Order of the Family Court are correct and do not warrant any interference of this Court in its writ jurisdiction.

6.

Hence, Writ Petition is dismissed. No order as to costs. (FIRDOSH P. POONIWALLA,J.) Mansi Shelke