Petitioner husband challenged Family Court order directing him to pay interim maintenance to respondent wife. Court held allegation of adulterous life is res integra for trial and dismissed writ petition.
Writ petition dismissed with no order as to costs.
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WP2039-13
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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 2039/2013
(SUDHAKAR SHANKARRAO GAWANDE VERSUS VINODINI SUDHAKAR GAWANDE)
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
Mrs S. Bawse, counsel for the petitioner.
CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 15, 2013.
By this petition, the petitioner impugns an order passed by the Family Court on 25.09.2012 directing the petitionerhusband to pay a sum of Rs.5,000/- to the respondent-wife with effect from 04.02.2012 till the decision of the petition filed by the respondent under Section 18 of the Hindu Adoptions and Maintenance Act for grant of maintenance.
It is not in dispute that the petitioner is working in a cooperative bank and even according to the petitioner his monthly salary is Rs.30,000/-. Considering the fact that the respondent was unable to maintain herself and was facing financial difficulties, the Family Court rightly directed the petitioner to pay a sum of Rs.5,000/- per month to the respondent towards interim maintenance. The submission made on behalf of the petitioner that the respondent is leading an adulterous life and, therefore, the Family Court was not justified in granting interim maintenance to the respondent is not well founded as the issue whether the respondent is leading an adulterous life or not would be decided by the Family Court while deciding the petition filed by the respondent on merits. Merely because an allegation is made by the petitioner in the written statement in regard to the leading of
WP2039-13
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adulterous life by the respondent, it cannot be said that the application filed by the respondent for grant of maintenance should have been dismissed. The order is just and proper and calls for no interference in exercise of the writ jurisdiction.
In the result, the writ petition is dismissed with no order as to costs.
JUDGE
APTE
2 issues framed by the court
Whether the Family Court order directing the petitioner to pay interim maintenance to the respondent is liable to be interfered with in writ court.
Whether an allegation of adulterous life by the petitioner precludes the respondent from being granted interim maintenance.
Sudhakar Shankarrao Gawande
Vinodini Sudhakar Gawande
Vasanti A. Naik
As recorded by the court registry
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