SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Shalini W/O Anandrao Kosurkar vs Anandrao S/O Patruji Kosurkar on 30 July, 2019

WPs 2026/186338-16 1 Common Judgment

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

WRIT PETITION NO. 2026/2018

Shalini W/o Anandrao Kosurkar,
Aged about 51 years, Occ-Service,
R/o House of Shri Gulabrao Asurkar,
Ashirwad Layout, Nagpur Road, Warora,
Tah. Warora, Dist. Chandrapur. PETITIONER

…..VERSUS…..

Anandrao S/o Patruji Kosurkar,
Aged about 54 years, Occ-Cultivation and
Business, R/o Chandankheda,
Tah. Bhadrawati, Dist. Chandrapur. RESPONDENT

Shri H.V. Thakur, counsel for petitioner.
Shri A.A. Dhawas, counsel for respondent.

WITH
WRIT PETITION NO. 6338/2016

Anandrao S/o Patruji Kosurkar,
Aged about 54 years, Occ-Cultivation,
R/o Chandankheda, Tahsil Bhadrawati,
Dist. Chandrapur. PETITIONER

…..VERSUS…..

Shalini W/o Anandrao Kosurkar,
Aged about 51 years, Occ-Service,
R/o House of Shri Gulabrao Asurkar,
Ashirwad Layout, Nagpur Road, Warora,
Tahsil Warora, District Chandrapur. RESPONDENT

Shri A.A. Dhawas, counsel for petitioner.
Shri H.V. Thakur, counsel for respondent.

::: Uploaded on – 01/08/2019 01/08/2019 21:09:22 :::
WPs 2026/186338-16 2 Common Judgment

CORAM : A.S. CHANDURKAR, J.
DATE : 30TH JULY, 2019.

ORAL JUDGMENT

Both the writ petitions are heard finally by issuing RULE.

2. A challenge has been raised to the order dated 18.07.2016

passed by the trial Court on an application filed under Section 24 of the

Hindu Marriage Act, 1955 seeking grant of maintenance pendente lite.

3. The petitioner and the respondent were married on

26.05.1991. From that marriage, they have two daughters and one son.

The eldest daughter is now stated to have been married. The younger

daughter and the son are stated to be pursuing their education at Nagpur.

The petitioner in Writ Petition No.2026 of 2018 is employed as the

Primary School Teacher with Panchayat Samiti, Warora. She is receiving

total income of Rs.44,955/- and net income of Rs.28,335/-. The

respondent in the said writ petition is stated to be an agriculturist who is

cultivating land to the extent of 5 Hectare 46 R and is also running a

Krishi Sewa Kendra. According to the petitioner, the respondent is

earning an amount of Rupees Ten Lakhs annually. During pendency of

the proceedings for divorce filed by the respondent-Husband, the

petitioner on 07.01.2016 filed an application for grant of maintenance

::: Uploaded on – 01/08/2019 01/08/2019 21:09:22 :::
WPs 2026/186338-16 3 Common Judgment

pendente lite. She claimed an amount of Rs.5,000/- each for the children

and litigation expenses of Rs.25,000/-. According to her, the children

were residing with her and she was spending amounts towards their

education. Reply was filed by the husband opposing the said application.

It was stated that as the petitioner was earning Rs.28,335/- per month,

she was not entitled for any interim maintenance. The trial Court by its

order dated 18.07.2016 recorded a prima-facie finding that the salary of

the petitioner was not sufficient to take care of her maintenance as she

was incurring expenses towards education and maintenance of the college

going children. The trial Court therefore awarded a sum of Rs.2,500/-

per month as interim maintenance. The wife not being satisfied with the

quantum of maintenance has filed Writ Petition No.2026 of 2018 while

the husband who is also aggrieved by the aforesaid order has challenged

the same by filing Writ Petition No.6338 of 2016.

4. Shri H.V. Thakur, learned counsel for the wife submitted that

though the petitioner was engaged as a Primary School Teacher and was

getting net salary of Rs.28,335/-, the same was insufficient to maintain

herself and her children. He stated that the eldest daughter has been

married while the other two children are pursuing their education at

Nagpur. He referred to the affidavit filed on behalf of the wife alongwith

details of the expenses incurred towards the education of the children.

::: Uploaded on – 01/08/2019 01/08/2019 21:09:22 :::

WPs 2026/186338-16 4 Common Judgment

He further submitted that since the husband was owning substantial

agricultural land and was also running a Krishi Sewa Kendra, he ought to

be directed to pay higher amount of maintenance. It was thus submitted

that the impugned order deserves to be suitably modified.

5. On the other hand, Shri A.A. Dhavas, learned counsel for the

husband challenged the impugned order on the ground that as the wife

was employed as a Primary School Teacher and was receiving regular

salary, there was no reason to direct the husband to pay maintenance.

The wife was not entitled to rely upon the provisions of Section 24 of the

said Act to seek interim maintenance. He further submitted that from the

income tax returns of the husband, it was clear that the figures stated by

the wife were exaggerated and he was not receiving the amount of

income as stated by her. He therefore submitted that the impugned order

was liable to be set aside.

6. I have heard the learned counsel for the parties at length and

I have perused the documents placed on record. The adjudication at

present is at an interlocutory stage and the question to be considered is

grant of maintenance pendente lite. Insofar as the wife is concerned, the

salary certificate placed on record indicates that she is earning net income

of Rs.28,335/-. It is not in dispute that the eldest daughter is now

married while the other two children are taking education at Nagpur.

::: Uploaded on – 01/08/2019 01/08/2019 21:09:22 :::

WPs 2026/186338-16 5 Common Judgment

They are being looked after by their mother. The trial Court has recorded

a prima-facie finding that net income of Rs.28,335/- is insufficient to

maintain the wife and the children together. The income tax returns

placed on record by the husband indicate the gross income as well as net

income earned by him. By taking a prima-facie view of the matter and in

the light of the fact that the wife is required to maintain herself as well as

take care of the education of both the children who are studying at

Nagpur, an amount of Rs.5,000/- per month as interim maintenance

would serve the ends of justice. This amount is determined without

prejudice to the rights of the parties and after taking into consideration

the employment of the wife. It is also the responsibility of the father of

the children to ensure that the education of the children is not affected

due to financial constraints.

7. Accordingly, the impugned order dated 18.07.2016 is partly

modified. It is held that the husband is liable to pay interim maintenance

of Rs.5,000/- per month to the wife. Rest of the order stands maintained.

The proceedings in H.M.P. No.110 of 2015 are expedited. The wife is at

liberty to withdraw the amount of maintenance deposited by the husband

before the trial Court. After taking that amount into consideration, the

arrears of maintenance in terms of this order be cleared within a period of

three months.

::: Uploaded on – 01/08/2019 01/08/2019 21:09:22 :::

WPs 2026/186338-16 6 Common Judgment

8. The Writ Petitions are disposed of. Rule is made absolute in

aforesaid terms. The parties to bear their own costs.

(A.S. CHANDURKAR, J.)

APTE

::: Uploaded on – 01/08/2019 01/08/2019 21:09:22 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation