Shri. Rakesh B. Shah Vs Smt. Brinda Rakesh Shah

The petitioner-husband has challenged the order of the Judge, Family Court No.3, Mumbai dated 25^th July, 2012 granting maintenance of Rs.30,000/- to respondent No.1 and Rs.15,000/- to their child. The petitioner produced only income tax returns filed by him. The learned Judge has interpreted and considered the petitioner's status and life and his expected income only based upon those documents. The petitioner's income tax returns along with annexures show that he is carrying on business of commission agent as also another business in the name of Chandan Enterprises. The petitioner claims that he is only a commission agent. His balance-sheet shows Chandan Enterprises is one of his assets. Aside from that there are various other assets including share profits of several lacs. The petitioner has shown Laxman Mhatre chawl as the address of the petitioner. The wife claims that that is his business address. The petitioner claims that that is his old address.

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The petitioner has shown inter alia interest received from banks, NSC, share profits etc. The petitioner has also shown various loans given to various parties as his liabilities. The learned Judge has correctly

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(2) (8) WP 8825/12

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interpreted the evidence produced by the petitioner only. The prima facie evidence make out a case for grant of maintenance. The amount of maintenance is reasonable for a businessman who is the commission agent as also carrying on another business. The order does not require any interference. Writ Petition is dismissed.

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(ROSHAN DALVI, J.)

Shri. Rakesh B. Shah v. Smt. Brinda Rakesh Shah

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Shri. Rakesh B. Shah v. Smt. Brinda Rakesh Shah

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