Bombay High Court
Honaji Narsingh Maske vs Sanjeevani Honaji Maske And Anr on 12 December, 2018
Author: Mridula Bhatkar
Bench: Mridula Bhatkar
Sherla V.
wp.4587.2017_9.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.4587 OF 2017
Shri Honaji Narsingh Maske ... Petitioner
Vs.
Smt.Sanjeevani Honaji Maske & anr. ... Respondents
Ms.A.P. Amin for the Petitioner
Mr.Nikhl Patil I/b Sonkawade S. Jambuvantrao for Resp. No.1
Ms.Pallavi N. Dabholkar, APP, for the Respondent - State
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: DECEMBER 12, 2018 P.C.:
1. This Writ Petition is directed against the order dated 31.7.2017 passed by the learned Additional Sessions Judge, Pune, dismissing the Criminal Appeal No.462 of 2016 which was filed against the order of interim maintainance and payment of rent to the respondent/wife in the proceedings filed under section 23 of the Protection of Women from Domestic Violence Act. The learned Magistrate had granted interim maintainance of Rs.7,000/- per month against which the petitioner filed appeal No.462 of 2016. In the said appeal, the wife filed cross objections and prayed for enhancement of the said amount of maintainance. The learned Page 1 of 4 ::: Uploaded on - 14/12/2018 ::: Downloaded on - 27/12/2018 05:56:41 ::: wp.4587.2017_9.doc Additional Sessions Judge enhanced the maintainance from Rs.7,000/- to Rs.25,000/- per month and directed to pay Rs.3,000/-
per month towards house rent.
2. The couple have two sons - elder one being 32 yeas and the younger one being 28 years old. They are residing separately due to their disputes. Both the parties have made allegations of harassment and ill-treatment against each other. The learned Counsel for the petitioner/husband has submitted that the petitioner/husband is getting total emoluments of Rs.98,645/- which includes basic salary of Rs.83,300/-. However, the total government recoveries are Rs.39,758/- and there are total non-government recoveries of Rs.45,688/-. She submits that after all these deductions, he is left with only Rs.10,000/- for his own expenditure. He submitted that the order of payment of Rs.25,000/- maintainance plus Rs.3,000/- rent is exorbitant and the petitioner has the responsibility of his mother.
3. Per contra, the learned Counsel for the respondent/wife has submitted that she was compelled to leave the house of the husband because of the continuous ill-treatment and assault at the hands of the husband. She submitted that the husband is a Class I Page 2 of 4 ::: Uploaded on - 14/12/2018 ::: Downloaded on - 27/12/2018 05:56:41 ::: wp.4587.2017_9.doc officer working in the Central Government. The elder son is married and staying away. The younger son is 28 years old and taking eduction. He has undergone some surgery and, therefore, she has to take his responsibility.
4. Considered the submissions so also, the record and the documents placed before me. The salary slip of the petitioner for the months of September, 2018, October, 2018 and November, 2018 are produced. These salary slips show the total emoluments of the petitioner/husband at Rs.98,645/- having break-up of DA of Rs.7,497/- plus TPT allowance of Rs.7,848/-. The slips show the government recoveries of Rs.45,688/-. In the non-government recoveries, the Court recoveries of Rs.38,000/- is mentioned. It shows that wife is getting Rs.38,000/- towards maintainance and rent which also includes the amount of arrears. On a perusal of the order of the learned Sessions Judge, it is found that the respondent/wife is working is a Cobbler. Though it is argued by the learned Counsel that now she is not doing that business, it is difficult to accept these submissions at this stage. The observations of the learned Judge that the loans are taken deliberately by the husband to avoid the maintainance or to show a Page 3 of 4 ::: Uploaded on - 14/12/2018 ::: Downloaded on - 27/12/2018 05:56:41 ::: wp.4587.2017_9.doc less amount as his net salary, cannot be said as correct at this stage. The amount of maintainance granted by the learned JMFC of Rs.7,000/- was too meagre. Similarly, the amount of Rs.25,000/- which shows a steep rise in the maintainance is also going on a higher side. The parties have to lead evidence in support of their contentions and prove the facts accordingly and I am of the view that the petition is to be partly allowed with some modification. Accordingly, the petition is allowed with the following modification:
The order of the learned Sessions Judge granting Rs.25,000/- as maintainance amount is modified to Rs.10,000/- and the rent amount of Rs.3,000/- is increased as Rs.5,000/- and thus, the total amount of Rs.15,000/- shall be paid by the husband to the wife. The respondent is directed to clear the arrears at this rate, since the date of application.
5. The petition is disposed of accordingly.
(MRIDULA BHATKAR, J.) Page 4 of 4 ::: Uploaded on - 14/12/2018 ::: Downloaded on - 27/12/2018 05:56:41 :::