Petitioner challenged maintenance award for wife. Court found wife capable of earning while petitioner resigned voluntarily. Noting regular payments and no legal error, petition dismissed.
Petition was rejected and the maintenance order was allowed to remain.
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.
1 14.1941.17 wp.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1941 OF 2017
Bhushan Dhondu Deore .....Petitioner
V/s.
Jyoti Bhushan Deore and another .....Respondents
Mr. Rahul D. Motkari for the Petitioner Mr. D. J. Shejul for respondent no. 1
CORAM : NITIN W. SAMBRE, J. DATE : JANUARY 13, 2020.
P.C.
Heard respective counsel.
2] Parties to the petition were married on 27/01/2010 as per
Hindu rituals.
3] Since there is matrimonial discord, an application under
Section 125 of the Code of Criminal Procedure, 1973 came to be
2 14.1941.17 wp.doc
moved by the respondent which was allowed by order impugned dated 05/11/2014 passed by Judicial Magistrate First Class, Nandgaon, further confrmed in Revision by learned Additional Sessions Judge vide order dated 06/02/2017. As such, this petition.
4] Relying on evidence of respondent-wife, the submissions are, respondent is very well educated and she is capable of earning and maintaining herself. That being so, Award of maintenance is illegal and is liable to be set aside. It is further claimed that petitioner is out of employment and that being so, Award of maintenance is on much higher side.
3 14.1941.17 wp.doc
that at the time of resignation, he was earning around Rs. 30,000/and as such, proceeded to award maintenance of Rs. 10,000/- per month.
8] The order impugned was passed in 2014 and I am informed
that petitioner is regularly paying maintenance.
extraordinary jurisdiction. Petition fails, stands dismissed.
[NITIN W. SAMBRE, J.]
3 issues framed by the court
Whether the award of maintenance under Section 125 CrPC is legally sustainable given the wife's employment capability and the petitioner's voluntary resignation.
Whether the periodic payment of maintenance warrants interference in an extraordinary writ petition.
Whether the quantum of maintenance is excessive considering the petitioner's earnings and subsequent payment history.
1 provisions across 1 enactments
Bhushan Dhondu Deore
Jyoti Bhushan Deore
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
