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Mahendra S/O Balkisan Tule vs Sou. Archana W/O Mahendra Tule And … on 31 January, 2020

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR

Writ Petition No.204/2020
(Mahendra Tule V Sou. Archana Tule and another)
———————————————————————————————-
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s orders of directions
and Registrar’s orders
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – —————-
Shri Shankar Borkute, Adv for petitioner.

CORAM : S.M. MODAK, J.
DATE : 31-01-2020.

Heard learned Advocate for the petitioner-husband.
2. He has filed divorce petition before the 2 nd Joint Civil
Judge, Senior Division, Nagpur. There is an allegation of
extramarital relationship in between the respondent no.1 and
respondent no.2. The respondent no.1-wife asked for
maintenance pendente lite from this petitioner-husband. It is for
herself and minor son Aarnav. The trial Court was pleased to grant
interim maintenance at the rate of Rs. 6,000/- per month towards
the son. The claim of respondent no.1-wife was not considered.
3. The petitioner is mainly aggrieved due to the quantum
arrived at by the trial Court. Upon perusal of order it reveals that
both the spouses are working. Their income documents were filed
before the trial Court.
4. The petitioner was ordered to pay maintenance from
the date of filing of the application. According to the petitioner,
the arrears comes to Rs. 90,000/-. He is ready to pay Rs. 25,000/-
towards the arrears and Rs.4000/- towards the current
maintenance.
5. The only issue is whether the learned trial Court has
appreciated the income documents properly. I am inclined to
grant stay subject to the conditions. It is only for the reason that

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2 wp 204.2020

this is not the case wherein the respondent no.1-wife is not
earning. The issue of earning may not be sufficient. It is for
consideration of this Court. Hence, the order –
ORDER

(i) The order dated 09-08-2019 is stayed, subject to the following
conditions –

(a) The petitioner to deposit Rs. 50,000/- before the trial
Court within 15 days. The petitioner to pay Rs. 4000/-
for current maintenance towards son.

(b) The petitioner to make arrangement for deposit of this
amount in the bank account of the respondent no.1.

(c) The respondent no.1 to give the bank details to
petitioner.

(d) The petitioner to pay this amount of Rs. 4000/- from
the month of February, 2020.

6. Issue notice to respondent no.1 before admission,
returnable after three weeks.

7. The petitioner to move before the trial Court for issuing
directions to respondent no.1 to give the bank details to him and
the trial Court to pass an order or to make alternate arrangement
for facilitating the payment.

8. There is no need to issue notice to respondent no.2
considering the scope of enquiry.

9. The learned Advocate for the petitioner undertakes to
remove the office objections within time stipulated.

JUDGE
Deshmukh

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