Single-judge order addressing the petitioner's plea of inability to pay maintenance. Court directs deposit of arrears within four weeks and issues notice to the respondent.
Petitioner directed to deposit arrears of maintenance within four weeks.
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Priya Soparkar
15 wpst 216518c
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO.2165 OF 2018
Sh. Arvind Narayan Sanas … Petitioner Vs. Smt. Bharati Arvind Sanas … Respondent
Mr.Kirankumar J. Phakade for the Petitioner. None for the Respondent.
CORAM : SMT. BHARATI H.DANGRE, J. DATE : MARCH 14, 2018.
P.C.:
. The Petitionerhusband is aggrieved by the order dated 13th September 2017, passed by the 2nd Joint Civil Judge, Senior Division, Satara, on an application by the wife under Sections 24 and 26 of the Hindu Marriage Act, 1955, claiming interim maintenance for herself and her three children. The court below has directed to pay an amount of Rs.1,000/ to the wife and Rs.600/ to the three children each, in addition to the amount already awarded in the proceedings initiated under the Domestic Violence Act, 2005. This amount is directed to be paid from 30th December 2015.
Priya Soparkar 2 15 wpst 216518c
Petitioner would vehemently argue that he has no source of the income to meet with the said amount, since he is already paying Rs.2,800/ under the Domestic Violence Act, 2005 and there is no fault committed by him in payment of the said amount. In order to test the impugned order and the issue as to whether the Petitioner has the capacity to bear the total amount of Rs.2,800/ (Domestic Violence proceedings) and Rs.1,600/ (the impugned order), the Petitioner is directed to deposit the arrears of the amount accruing from the order passed by the 2nd Joint Civil Judge, Senior Division, Satara, on 13th September 2017. The said arrears be deposited within period of four weeks from today.
(SMT. BHARATI H. DANGRE,J.)
…..
2 issues framed by the court
Whether the petitioner has the capacity to bear the total maintenance amount under the impugned order and the Domestic Violence Act.
Whether the petitioner is required to deposit the arrears of maintenance.
1 provisions across 1 enactments
Arvind Narayan Sanas
Bharati Arvind Sanas
Bharati H. Dangre
As recorded by the court registry
2 orders share this CNR
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