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Nitin S/O Pralhad Meshram vs Sapna W/O Nitin Meshram on 4 February, 2020

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

Writ Petition No.8038 of 2019
Nitin Meshram Vs. Sapna Meshram

———————————————————————————————-
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s orders of directions
and Registrar’s orders
———————————————————————————————-
Mr. R.R. Prajapati, Advocate for the petitioner
Ms. Surekha Borkute, Advocate for the respondent

CORAM : MANISH PITALE, J.

DATED : FEBRUARY 04, 2020

By this writ petition, the petitioner has
challenged orders dated 22/08/2019, passed by the
2nd Jt. Civil Judge (Senior Division), Nagpur, below
Exhs.13 and 14 in H.M.P. No. 270/2018, whereby the
application filed on behalf of the respondent and minor
child for grant of maintenance pendent lite were
allowed by directing the petitioner to pay interim
maintenance @8000/- per month to the respondent –
wife and @5000/- per month to the minor child.

2. The learned counsel for the petitioner
submits that the amounts granted by the Court below
are exorbitant, considering the salary earned by the
petitioner in his present job.

3. A perusal of the impugned orders show that
the Court below has taken into consideration the gross
salary of the petitioner as well as take home salary
after deductions and it is found that the grant of the

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aforesaid amounts towards interim maintenance to the
wife and minor child would be in the interest of justice.

4. The learned counsel for the petitioner
alongwith pursis dated 09/01/2020, placed on record
salary slip of the petitioner. A perusal of the said
material shows that the Court below has correctly
taken into consideration the total monthly salary
received by the petitioner as well as take home salary.
It appears that apart from deductions towards PF and
pension contribution as well as taxes, there are certain
deductions made in the salary of the petitioner towards
festival advance, Co-operative society loan, etc.

5. The material on record indicates that the
Court below has taken a reasonable view and the
quantum of interim maintenance granted to the wife
and minor child is after taking into consideration the
income of the petitioner. In the present writ petition, it
is not demonstrated how the approach adopted by the
Court below can be said to be unsustainable.

6. In view of above, there is no merit in the
present writ petition and accordingly, it is dismissed.

7. The petitioner is granted time till 30th April
2020 to clear all arrears in terms of impugned orders
passed by the Court below.

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8. The petitioner is further directed to pay
interim maintenance to the wife and minor child in
terms of impugned orders from March 2020 onwards
regularly.

9. In the facts and circumstances of the present
case, the Court below is directed to dispose of the
divorce petition filed by the petitioner bearing H.M.P.
No. 270/2018, as expeditiously as possible and in any
case within a period of one year from today.

JUDGE
MP Deshpande

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