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Bombay High CourtWP/13142/2024disposed off

Abhijit Rajendra Nawarkar v. Sapna Abhijit Nawarkar

2024-09-27Hon'Ble Shri Justice Madhav J. Jamdar3 pages

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13142 OF 2024 Abhijit Rajendra Nawarkar .....Petitioner Vs.

Sapna Abhijit Nawarkar .....Respondent Mr. Aditya Chandak i/b Ms. Indrayani Patani for the petitioner CORAM : GAURI GODSE, J.

DATE :

27th SEPTEMBER 2024 ORDER:

1.

Heard learned counsel for the petitioner. This petition is for challenging the order granting interim maintenance of Rs. 12,000/- per month for the minor son in addition to Rs. 3000/- per month already granted in the proceedings initiated under The Protection of Women from Domestic Violence Act, 2005.

2.

Learned counsel for the petitioner submitted that petitioner's monthly income is around Rs. 9,000/- to Rs. 10,000/- per month. The affidavit of assets and liabilities indicates that the petitioner is employed in business of wooden craft. Learned counsel for the 1/3

petitioner submits that the petitioner is in the business of honey trading. The petition discloses that the petitioner's occupation is builder and land developer. Learned counsel for the petitioner submits that the occupation of the petitioner disclosed in the cause title of the petition is an inadvertent mistake as initially the petitioner was a builder and land developer, however, he is not into that business. 3.

In view of the different contentions raised by the petitioner, prima facie it appears that the petitioner has not disclosed his true business and true source of income. However, the learned counsel for the petitioner on instructions submits that presently petitioner's income is not more than Rs. 10,000/-. Hence, only based on his oral submissions, I am issuing notice to the respondent, as the learned counsel for the petitioner on instructions made a statement that the petitioner shall pay an amount of Rs. 2,00,000/- to the respondent by transferring the amount directly to her bank account within three weeks from today. Statement made on behalf of the petitioner is accepted as an undertaking to this Court.

4.

Hence, the petitioner is permitted to pay an amount of Rs. 2,00,000/- to respondent no. 1 within three weeks from today. 2/3

5.

List the petition on 18th October 2024.

6.

To be listed under the caption for "Urgent Admission". [GAURI GODSE, J.] IRESH MASHAL IRESH MASHAL Date: 2024.10.01 19:53:38 +0530 3/3