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Bombay High CourtWP/857/2025disposed off

Santosh Prabhakar Bhor v. Nirmala Santosh Bhor

2025-02-05Hon'Ble Shri Justice Madhav J. Jamdar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.857 OF 2025 Santosh Prabhakar Bhor

...Petitioner

Versus

Nirmala Santosh Bhor

...Respondent

Mr. Onkar Shinde i/b. Ms. Sarala V. Shinde, for the Petitioner.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

5th FEBRUARY 2025 P. C.:

1.

Heard Mr. Onkar Shinde, learned Counsel appearing for the Petitioner.

2.

By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the order dated 19th September 2024 passed by the learned 4th Civil Judge Senior Division, Kalyan below Exhibit-11 in Marriage Petition No.1221 of 2022. By the impugned order, interim maintenance under Section 24 of the Hindu Marriage Act, 1955 of Rs.25,000/- has been granted to the Respondent. While granting the maintenance, the learned Trial Court has taken into

consideration that the income of the Petitioner is Rs.1.6 lakhs per month, the Petitioner is highly qualified person having B.E. Mechanical degree and Post Graduate degree in Purchase Management and Finance Management, the Respondent-wife is housewife and she is maintaining two daughters. In fact, it appears that wife has filed separate Writ Petition challenging the quantum of the maintenance.

3.

Mr. Onkar Shinde, learned Counsel appearing for the Petitioner submits that the Petitioner is paying for educational expenses of two minor daughters.

4.

However, maintenance of Rs.25,000/- per month as directed by the learned Trial Court is most reasonable, considering that the income of the Petitioner is Rs.1.6 lakhs per month and the Respondent-wife is maintaining two daughters. Thus, no interference in the impugned order is warranted under the jurisdiction of this Court under Article 227 of the Constitution of India.

5.

However, the contentions of both the parties regarding the aspect whether the Respondent-wife is entitled for enhanced maintenance and more than Rs.25,000/- per month, are expressly kept open as the Writ Petition filed by the Respondent-wife is pending.

6.

Accordingly, the Writ Petition is dismissed, however, with no order as to costs.

[MADHAV J. JAMDAR, J.] SONALI MILIND PATIL SONALI MILIND PATIL Date: 2025.02.07 10:02:42 +0530