In a criminal writ petition, the petitioner challenged the maintenance award of Rs.600/- per month as excessive against his declared income of Rs.9,000/-/year. The bench dismissed the petition, upholding the concurrent view of lower courts that accounts for additional family financial assistance.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.922 OF 2005
Shri Ravindra Laxman Kolap. ... Petitioner.
versus
Mrs.Shobha Ravindra Kolap & Ors.... Respondents.
Mr. A.M.Kulkarni, advocate_for the petitioner.
Mr.A.S.Gadkari, advocate the Respondent-State.
CORAM : A.M.KHANWILKAR,J.
19TH APRIL, 2005
P.C.:
1. The only grievance in this petition is
regarding quantum awarded by the Lower Court.
The Court below has determined maintenance amount
at the rate of Rs.600/- per month. According to
the petitioner, his yearly income does not exceed
more than Rs.9,000/-, for which reason, the
amount fixed by the court below is excessive.
This submission clearly overlooks the concurrent
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view taken by the courts below that in addition
to the income derived by the petitioner as
lecturer, he is assisted financially by his
brothers as he is also carrying on their family
business after college hours.
2. Taking overall view of the matter, two
courts below proceeded to determine the amount of
maintenance at the rate of Rs.600/- per month. I
see no reason to interfere with the said
concurrent view. Hence dismissed.
3 issues framed by the court
whether the quantum of maintenance awarded by the lower court at Rs.600/- per month is excessive given the petitioner's annual income of Rs.9,000/-.
whether the lower courts should interfere with the concurrent view that the petitioner receives financial assistance from family for his business.
whether the Writ Petition regarding the maintenance quantum should be allowed or dismissed.
Shri Ravindra Laxman Kolap
Mrs.Shobha Ravindra Kolap & Ors
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court