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

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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.

5] Learned counsel for respondent-wife supports the order.

6] With the assistance, I have perused the evidence of

respondent-wife so as to establish the fact of failure to maintain his

wife.

7] Petitioner holds qualifcation of Diploma in Engineering and

has voluntarily resigned from service. Both the courts below noted

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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.

9] No error of law could be noticed which warrants interference in

extraordinary jurisdiction. Petition fails, stands dismissed.

[NITIN W. SAMBRE, J.]

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