Dismissed

Yashwant Vithoba Jadhav v. Bhagirathi Yashwant Jadhav

Bombay HC11 Jul 2007SA/258/2007

Case brief

AI extract

What is this about?

Single-judge Bench dismissed the second appeal. The rejected the appellant's claim that retirement and lack of income made the enhanced maintenance unjust, noting the lower court's finding of retiral benefits and agricultural income. Liability was also allocated jointly to the husband and the earning son residing with the wife. Appeal dismissed.

What did the court decide?

Nothing was granted; the appeal was dismissed.

Yashwant Vithoba Jadhav Vs Bhagirathi Yashwant Jadhav — Maintenance and Alimony | Bombay HC (2007)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

 CIVIL APPELLATE JURISDICTION

¶3

 SECOND APPEAL NO.258 OF 2007

¶4

 WITH

¶5

 CIVIL APPLICATION NO.535 OF 2007

¶6

 Shri.Yashwant Vithoba Jadhav ...Appellant

¶7

 Versus

¶8

 Sou.Bhagirathi Yashwant Jadhav ...Respondent

¶9

 Mr.A.M.Kulkarni for Appellant.

¶10

 None for Respondent.

¶11

CORAM: A.M.KHANWILKAR, J.

¶12

 JULY 11, 2007.

¶13

P.C.

¶14

 1. Heard Counsel for the Appellant. Two
 contentions have been raised before this Court.

¶15

 2. The first argument is that the Appellate

¶16

 Court had occasion to consider claim for
 enhancement of maintenance amount in the year 2001,
 when, after considering all aspects, resolved to
 enhance the maintenance amount in the sum of

¶17

 : 2 :

¶18

 Rs.500/- (Rupees Five Hundred) from the original
 amount of Rs.300/- (Rupees Three Hundred) which was
 fixed on 8th November 1993. It is submitted that
 there was no changed circumstance in favour of the
 Respondent wife for seeking further enhancement
 which has now been granted on 15th September 2006
 to the extent of Rs.1500/- per month. It was
 argued that the Court below has overlooked the
 crucial fact that in fact, the Appellant has
 retired in 2003 and there is no regular source of
 income for the Appellant.

¶19

 3. The second argument canvassed before this
 Court is that in terms of Section 18 and Section 20
 of the Maintenance Act both the husband as well as
 the major son who incidentally is earning member in
 the present case, would be responsible to maintain
 the Respondent. In that case, the maintenance
 claim of the Respondent should be shared by both,
 as the Respondent is presently staying with the
 major son, who is earning.

¶20

 4. I find no merits in either of these
 submissions. The first submission has been rightly

¶21

 : 3 :

¶22

 answered by the Court below by taking the view that
 the Appellant would be able to pay the enhanced
 amount of maintenance from the retiral benefits
 received by him as also from the income of
 agricultural land. The lower Court has also
 recorded a finding that amount of Rs.500/- which
 was fixed in 2001, was very paltry sum and unjust
 amount. For that reason, the same deserves to be
 enhanced to Rs.1500/- per month.

¶23

 5. Taking overall view of the matter, it is
 not possible to accept the grievance of the
 Appellant that enhancement of maintenance amount
 payable by the Appellant to his wife (Respondent)
 from Rs.500/- to Rs.1500/- per month is unjust or
 excessive. Indeed, as per Section 20 of the Act
 the major son who is earning, will be also
 responsible to maintain his mother. In the present
 case, it is not in dispute that the Respondent is
 staying with the son and he is already discharging
 the responsibility by maintaining his mother. Thus
 understood, the son is already spending equivalent
 amount for maintenance of his mother as is now
 required to be paid by the Appellant to maintain

¶24

 : 4 :

¶25

 the Respondent wife.

¶26

 6. No fault can be found with the view of the

¶27

 Court below. The additional circumstance pressed
 into service on behalf of the Appellant, in my
 opinion, is not sufficient to disturb the view
 expressed by the lower Court. No substantial
 question of law arises for consideration.
 Dismissed.

¶28

 7. In view of the above order, Civil

¶29

 Application stands disposed of.

¶30

 A.M.KHANWILKAR, J.

Yashwant Vithoba Jadhav v. Bhagirathi Yashwant Jadhav

Case brief

What is this about?

What did the court decide?

Yashwant Vithoba Jadhav v. Bhagirathi Yashwant Jadhav

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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