Case brief
What is this about?
Bombay High Court, Nagpur Bench; neutral citation 2025:BHC-NAG:1920; Criminal Writ Petition No.913 of 2024; decided 26.02.2025 by Anil S. Kilor, J.; petitioner Sunil Bhaurao Deshbhratar; respondents Archana Sunil Deshbhratar and Anr.; challenge to Family Court No.3, Nagpur order dated 02.07.2024 enhancing maintenance to Rs.12,000/- each for wife and daughter as exorbitant; GPF deduction of Rs.20,000/- excluded from net salary computation; salary certificate gross Rs.1,16,096/-, net Rs.69,883/-, effective Rs.89,883/-; claim of dependent deaf elder brother and his wife rejected for lack of evidence; maintenance held reasonable against approx. Rs.90,000/- net monthly salary; writ petition dismissed; advocates: Ms S.D. Paul (petitioner), Mr. S.S. Bhalerao (respondents Nos.1 and 2).
What did the court decide?
The GPF deduction of Rs.20,000/- from the petitioner's salary cannot be considered while determining maintenance, as that amount is receivable by him at superannuation; adding it back, the effective net salary is Rs.89,883/- (gross Rs.1,16,096/-, deducted-net Rs.69,883/-).