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Somesh Bhausaheb Shinde vs Vanita Genu Belme @ Vanita Somesh … on 4 April, 2019

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO.8506 OF 2018
(Somesh Bhausaheb Shinde Vs. Vanita Genu Belme)
WITH CIVIL APPLICATION NO.1101 OF 2019

Mr.M.S.Kulkarni, Advocate for the petitioner.
Mr.R.P.Phatke, Advocate for the respondent.

( CORAM : Ravindra V.Ghuge, J.)

DATE : 04/04/2019

PER COURT :

1. The petitioner/husband is aggrieved by the order dated

17/01/2018 passed by the Trial Court in HMP No.126/2016, by

which an amount of Rs.10,000/- per month is granted as

maintenance pendente lite from the date of the application which is

20/10/2016.

2. After this petition was filed, this Court (Coram : Sunil

P,Deshmukh, J.) stayed the impugned order by directing the

petitioner to deposit Rs.80,000/- in this Court. The said amount has

been deposited and the wife has withdrawn the said amount with the

leave from this Court.

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3. I have considered the strenuous submissions of the learned

Advocates for the respective sides. The husband claims that he has

no income at all as he is unemployed. He is pursuing his Ph.D. The

respondent/wife is said to be a junior advocate, who is practicing at

Taluka Kopargaon, Dist.Ahmednagar.

4. Learned Advocate for the wife submits that the husband is a

Master of Technology (M.Tech.). He has registered for his Ph.D. He

is operating Coaching Classes at Nasik and is drawing a large

income. His income tax returns have not been placed before this

Court.

5. Learned Advocate for the petitioner/husband submits that the

proceedings before the Trial Court are at the stage of cross-

examination of the husband. The wife has taken adjournments over

a period of about 4 months. If the matter is directed to be decided

within a particular time frame, the entire proceedings at the Trial

Court level would be concluded.

6. Considering the above, and even if it is presumed for the sake

of presumption that the Trial Court has granted interim maintenance

on the higher side and even if it is taken to be @ of Rs.6,000/- per

khs/APRIL 2019/8506-d

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month from November 2016, the amount of maintenance would be

about Rs. 1,80,000/- approximately and the petitioner has paid an

amount of Rs.80,000/-. The deficit, therefore is Rs.1,00,000/-, Of

course, the learned Advocate for the wife does not agree to these

calculations, but submits that this Court may direct a particular

figure to be paid as arrears and further payments till the proceedings

are decided.

7. In view of the above, this petition is disposed off by directing

the petitioner to pay the respondent an amount of Rs.1,00,000/- to

be deposited with the Trial Court within 4 (four) weeks from today

and continue to pay an amount of Rs.6,000/- per month as an

interim maintenance from the month of May 2019. The Trial Court

shall decide HMP No.126/2016 on or before 31/12/2019. Though

the suit is not pending for more than 5 years, as an issue of marital

discord is subject matter of litigation, I am expediting the said suit as

an exceptional case.

8. Needless to state, if the above directions are not complied with

by the husband, this order shall stand recalled, the petition shall

stand dismissed and the order of the Trial Court dated 17/01/2018

shall stand restored after 4 (four) weeks from today.

khs/APRIL 2019/8506-d

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9. Pending civil application, does not survive and stands disposed

off.

( Ravindra V.Ghuge, J.)

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