Dismissed

Sayeed Ali S/O Haji Mohd Rafique Shaikh v. the State of Maharashtra and Ors.

Bombay HC11 Jan 2013REVN/412/2012

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay Criminal Appellate Jurisdiction dismissed a criminal revision application challenging interim maintenance awarded to the wife and daughter. The court held that the awarded amount was reasonable given the petitioner's claimed income as a scrap dealer.

What did the court decide?

The Criminal Revision Application was dismissed; the interim maintenance order of the Family Court was upheld.

Sayeed Ali S/O Haji Mohd Rafique Shaikh Vs the State… — Maintenance and Alimony | Bombay HC (2013)

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mnm

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL REVISION APPLICATION NO. 412 OF 2012

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Sayeed Ali S/o. Haji Mohd. Refique Shaikh ...Applicant/Petitioner/ Orig. Respondent

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Vs.

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State of Maharashtra & Ors.

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...Respondents

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Mr. Nandakumar Raj, Advocate for the Applicant Mr. R.A. Shaikh, Advocate for Respondent No.2 Mrs. P.P. Bhosale, APP for Respondent State

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CORAM : MRS. ROSHAN DALVI, J. DATED : 11^TH JANUARY, 2013

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P.C. :

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The interim maintenance of Rs.2000/- to the respondent wife and Rs.3000/- to her daughter granted by the Judge, Family Court No.6, Mumbai dated 9^th August, 2012 has been challeged. The petitioner husband claims to be a labourer. He claims to live in slum. He claims that his wife is from a middle class family and lives in a building. He has challenged the entire interim maintenance and has not paid any maintenance to wife or child.

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The wife continues to be his wife since the talaq claimed by the husband has to be proved by the husband and a oral talaq cannot be countenanced by this Court. (see the case of Dagdu Pathan Vs. Rahimbi Dagdu 2003(1)Bom.C.R. 740).

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Consequently the husband's income has to be seen. The

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wife has claimed that the husband has refused to maintain her. A refusal to maintain is seen in the fact that no part of maintenance is shown to be paid. The wife has also claimed that she has no source of income the husband has also not shown any source of her income.

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For showing his income the wife has relied upon his visiting card. True it is that there is no presumption of a correctness of visiting card. However the husband has not denied the visiting card which fact has been recorded in the impugned order. The card shows that he is dealing in scrap materials. Hence the reasonable amount of income specified by the Judge cannot be interfered with.

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The impugned order, therefore, does not require any interference.

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Criminal Application is, therefore, dismissed.

Sayeed Ali S/O Haji Mohd Rafique Shaikh v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Sayeed Ali S/O Haji Mohd Rafique Shaikh v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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