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Judgments of Supreme Court of India and High Courts

Sarjerao S/O Jagdish Deshmukh vs Sau. Samrudhi W/O Sarjerao … on 7 January, 2020

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

WRIT PETITION NO. 6466 OF 2019
(Shri Sarjerao s/o. Jagdish Deshmukh..vs.. Sau Samrudhi w/o. Sarjerao Deshmukh)
———————————————————————————————————————————–
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
———————————————————————————————————————————–
Shri S.S. Singane, Advocate for petitioner.
Shri R.G. Kavimandan, Advocate for respondent.

CORAM: RAVINDRA V. GHUGE, J.

DATE: 7th JANUARY, 2020.

1. The petitioner husband is before this Court being
aggrieved by the order dated 8.8.2019, passed by the trial Court
vide which application Exh. 14, filed by the wife seeking
maintenance in Marriage Petition No. 230 of 2018, was allowed.
She was granted maintenance pendent lite @ Rs. 10,000/- per
month from the date of her application and the husband was
directed to pay Rs. 2,000/- as expenses of the proceedings, in
addition thereto.

2. I considered the strenuous submissions of the learned
Advocates for the respective sides. I find from the impugned
order that the salary certificate of the petitioner was not before
the trial Court and the trial Court considered the agricultural
income of the father of the husband on the ground that he must
be getting some share out of the said income. He must also be
getting a handsum salary.

3. These conclusions appears to be on conjunctures and
surmises. Under the order of this Court dated 25.9.2019, the
husband has placed the salary certificate for the month of July,

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2019 before this Court which indicates that his gross salary is
about Rs. 26460/- and pursuant to statutory deductions, his take
home salary is Rs.26,260/-.

4. The Hon’ble Apex Court has held in the matter of
Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy,
2017(Vol.14) SCC 200 that 25% of the income of the husband
should be the maintenance amount to be paid to the wife so that
the status and dignity of the wife can be maintained.
Considering the above, Rs. 6500/- would be equivalent amount
to 25% of the salary of the husband.

5. In view thereof, this petition is partly allowed. The
impugned order dated 8.8.2019 stands modified and the
petitioner husband shall be liable to pay an amount of Rs. 6500/-
per month from the date of the application Exh. 14.

6. The learned Advocate for the wife submits that the
petitioner has not paid a single penny despite the impugned
order dated 8.8.2019 and even pursuant to the interim order
passed by this Court dated 25.9.2019.

7. I called upon the learned Advocate for the petitioner
as to whether he could be directed to deposit the entire arrears
as a condition precedent to proceed with Marriage Petition No.
230 of 2018. It is submitted that the arrears would be deposited
before the trial Court on or before 10.2.2020. In view of the
above, the petitioner shall deposit the arrears of maintenance
amount @ Rs. 6500/- from the date of the application Exh. 14
and the legal expenses of Rs. 2000/-, on or before 10.2.2020,
failing which Marriage Petition No.230 of 2018 shall stand

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dismissed on 11.2.2020. If the said amount is deposited, the
wife would be at liberty to withdraw the said amount.

(Ravindra V. Ghuge, J.)
Belkhede RS

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