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Qualified Women, Interim maintenance denied in DV case

Order below Exh.3 in Cri.M.A. no. 07/2017

Dipali Pachangane

vs.

Prakash Pachangane

(CNR – MHST09–000014-2017)

Application seeking interim maintenance of Rs. 10,000/- from non-applicant no.1 Prakash Mohan Pachangane. Non-applicant no.1 is husband of applicant. It is averred that non-applicant no.1 Prakash Panchangane has source of income and she is being driven out of the matrimonial house after subjecting to torture. It is her averment that non-applicant no.1 Prakash Panchangane has his own company named “Indian Fumigation Services” and he get’s Rs. 50,000/- to 80,000/- net profit per month. Also he is having 4 – 5 acres agricultural land in Manglapur village from which he derives good income. Without any just cause the non-applicant no.1 have deserted the applicant hence she is compelled to file instant application as she has no source of income and unable to maintain herself.

2] The non-applicant appeared in the proceeding but failed to file say to instant application, hence proceeding without their say.

3] Along with the application, applicant have filed letter addressed by her to the protection officer. It’s contents reveals that she got married with non-applicant no.1 on 17/04/2016 at Manglapur, Tandulwadi, Koregaon. It can be inferred from the contents of this letter that she agreed to marry with non-applicant as her family was told that non-applicant no.1 and his brother runs a business in joint, by name “Indian Fumigation Service”. They were also assured that they have purchased a 2 BHK flat at Taloja and would shortly move therein.

4] After marriage she started residing with her inlaws at Satara. During her residence she realised that non-applicant no.1 does no work and is a alcohol addict and the parents of non-applicant no.1 were fed up of the behaviour of non-applicant no.1 and used to say both husband and wife should stay apart and run their family independently.

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5] In October 2016, they went to reside at Mankhurd and started residing in Chawl and on 6th November, 2016 as the behaviour of non-applicant no.1 couldn’t improve, she on her own returned back to her parental house at Anpatwadi.

6] From the entire contents it becomes clear that, applicant is aware that non-applicant no.1 Prakash Panchangane runs no business in the name of “Indian Fumigation Service”. She is well aware that non-applicant no.1 is an alcohol addict and does no work for having his bread and butter. Further though averred no document supports the contention of income from his alleged agricultural land.

7] Now the prayer vide Exh.3 is limited to the extent of maintenance. Whether non-applicant no.1 have sufficient means to maintain the applicant? The answer lies with the applicant herself who is well aware that non-applicant no.1 does nothing for earning. Whether applicant is unable to maintain herself? The answer would be no as from the document it seems that she is an Science Graduate (B.Sc.) and able bodied. She is well qualified. It is not explained what is making her sit idle and demand alimony from a husband who she knows does nothing. Why is she at the mercy of her parents is better known to her being a qualified lady. Does she expect her husband to rob or beg to maintain her? Passing of any interim maintenance order not call for, hence rejected.

(S.S. Ghare)

Dt. 10/04/2018 Judicial Magistrate F.C., Koregaon

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