Partly allowed

Jyoti W/O. Durgaprasad Chourasia v. Durgaprasad S/O. Satyanaryan Chourasia

Bombay HC19 Jan 2024WP/66/2024

Case brief

AI extract

What is this about?

Wife challenged dismissal by Sessions Judge of her appeal against interim maintenance of Rs.10,000 per month fixed by Civil Judge against her pensioner husband earning Rs.58,000 monthly pension. Finding the amount inadequate, the Court, on advocates' joint submission, enhanced interim maintenance to Rs.17,000 per month and partly allowed the writ petition.

What did the court decide?

Interim maintenance enhanced from Rs.10,000 to Rs.17,000 per month; two months granted to pay arrears.

Jyoti W/O. Durgaprasad Chourasia vs Durgaprasad S/O… — Maintenance and Alimony | Bombay HC (2024)

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2024:BHC-NAG:10704

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17 cr wp 66.24.odt..odt

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1/3

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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CRIMINAL WRIT PETITION NO.66 OF 2024

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Mrs. Jyoti w/o Durgaprasad Chourasia (Vs.)

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Durgaprasad s/o Satyanarayan Choursiya

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Office Notes, Office Memoranda of Coram,____________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr. P.A. Abhyankar, Advocate for petitioner. Mr. A.A. Choubey, Advocate for respondent.

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CORAM : G.A. SANAP, J . DATE : 23.09.2024

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Heard learned Advocates for the parties. Perused the record and proceedings.

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In this petition, challenge is to the judgment and order dated 27.10.2023, whereby the learned Additional Sessions Judge-11, Nagpur dismissed the appeal filed by the petitioner-wife and confirmed the order dated 21.11.2022 passed by the 16^th Joint Civil Judge, Senior Division, Nagpur. Learned Civil Judge Senior Division vide order dated 21.11.2022 was pleased to partly allow the application for interim maintenance and quantified the interim maintenance at the rate of Rs.10,000/-

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17 cr wp 66.24.odt..odt

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(Rupees Ten Thousand Only) per month.

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I have gone through the record and proceedings. It is evident on perusal of the record that the respondent-husband is a pensioner. He is getting total pension of Rs.58,000/- (Rupees Fifty Eight Thousand Only) per month. The husband is residing in his flat separately. The wife is also residing in separate house jointly owned by the parties. It is seen that there is dispute with regard to the withdrawal of fixed deposits and other properties. It is not necessary to go into that dispute.

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When this Court noticed that the amount of interim maintenance was not just, proper and reasonable, learned Advocates for the parties submitted that the Court in its discretion may decide the appropriate amount of interim maintenance. After some deliberation learned Advocates for the parties have stated that the amount of Rs.17,000/- (Rupees Seventeen Thousand Only) per month may be awarded as a interim maintenance.

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17 cr wp 66.24.odt..odt

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3/3

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In view of this statement, it is necessary to modify the order.

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The Criminal Writ Petition is accordingly partly allowed.

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i) The order awarding interim maintenance is modified. In place of Rs.10,000/- (Rupees Ten Thousand Only) husband-respondent is directed to pay interim maintenance at the rate of Rs.17,000/(Rupees Seventeen Thousand Only) in terms of the order dated 21.11.2022 passed by the learned 16^th Joint Civil Judge, Senior Division, Nagpur.

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ii) It is made clear that concession given by the Advocates for the parties shall not stand in the way of parties while deciding the main application on merits.

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iii) Two months time is granted to the respondent to pay the arrears in terms of the order.

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JUDGE

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manisha

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Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 26/09/2024 10:38:21

Jyoti W/O. Durgaprasad Chourasia v. Durgaprasad S/O. Satyanaryan Chourasia

Case brief

What is this about?

What did the court decide?

Jyoti W/O. Durgaprasad Chourasia v. Durgaprasad S/O. Satyanaryan Chourasia

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

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