Petitioner challenged interim maintenance order on grounds of lack of salary evidence. Court held evidence matters are for trial court and dismissed petition.
Petition challenging interim maintenance order was dismissed; matter treated as one of evidence.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.571 OF 2006
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Office Notes, Office
Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s
orders or directions and
Registrar’s orders
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Mr.R.P.Ojha for the petitioner.
Ms.Bhavna Jadhav for Respondent
no.1.
Mrs.G.P.Mulekar APP for the State.
Coram : R.S.Mohite,J
Date : 19.4.2006.
PC
1. This is a petition impugning
an order granting Rs.1000/- as
interim maintenance to the wife.
The said order was passed on
28.9.2005. The husband applied
for review but the family Court
has refused to review. It is
sought to be argued that there
is no material produced by the
wife as to what was the salary
of the petitioner. The
petitioner was contending that
he is working as a casual
labourer and is getting
Rs.1000/- per month. These are
matters of evidence. Petition
is therefore dismissed.
(R.S.Mohite,J)
1 issue framed by the court
Whether interim maintenance of Rs. 1000/- should be challenged absent documentary evidence of salary.
Mr. R.P. Ojha
Mrs. G.P. Mulekar
R.S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court