An interim maintenance petition was filed alleging the marriage was a nullity due to the wife's concealment of sterility. The High Court held that separating the issue of nullity from maintenance did not alter the wife's subsisting right to interim support and dismissed the writ petition.
Writ petition dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2771 OF 2016
Santosh J. Patil .. Petitioner vs. Sou. Meghana S. Patil .. Respondent
Mr. Nagesh Y. Chavan for Petitioner.
CORAM : M. S. SONAK, J. DATE : 22 MARCH 2016
P.C :
2] The learned counsel for the petitioner submits that the very marriage between the petitioner and the respondent is a nullity because the respondent suppressed certain material particulars with regard to her ability to conceive. Further, the learned counsel for the petitioner has submitted that the trial court having disbelieved the case of the respondent that the petitioner runs a hardware shop and gets income of Rs.60,000/- per month, has erred in directing the petitioner to pay interim maintenance at the rate of Rs.4,000/- per month.
3] The impugned order has merely granted interim maintenance. The issue as to whether the marriage is a nullity or not on the
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59-WP-2771-16
grounds urged or otherwise, is a matter which will ultimately have to be decided at the final stage. On basis of this, the petitioner, cannot avoid payment of even interim maintenance to his wife. As of today, the marriage between the petitioner and the respondent very much subsists. In the impugned order, it is recorded that the petitioner does a private job and further, has agricultural land and open land at Village Bhose. It is also prima facie finding recorded that no other persons are depending upon the petitioner.
4] In view of the aforesaid, the award of Rs.4,000/- per month by way of interim maintenance can hardly be styled as arbitrary, unreasonable or without jurisdiction.
5] Considering the limited parameters of judicial review in a petition under Article 227 of the Constitution of India. There is no case made out to interfere with the impugned order. This petition is therefore dismissed. There shall be no order as to costs.
(M. S. SONAK, J.)
Chandka
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3 issues framed by the court
Whether the High Court can interfere with the award of interim maintenance under Article 227 when the marriage subsists.
Whether the wife entitlement to interim maintenance is barred by an allegation that the marriage is a nullity arising from suppressed particulars of sterility.
Whether the quantum of interim maintenance awarded amounts to arbitrariness warranting judicial review.
2 provisions across 1 enactments
Santosh J. Patil
Sou. Meghana S. Patil
M. S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
