Bombay High Court
Amit Rameshkumar Agrawal vs Nikita Amit Agrawal And Another on 20 November, 2019
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 13975 OF 2019
AMIT RAMESHKUMAR AGRAWAL
VERSUS
NIKITA AMIT AGRAWAL AND ANOTHER
...
Advocate for the Petitioner : Shri P. R. Katneshwarkar
h/f. Shri V. R. Jain (Kamboj)
Advocate for Respondent No. 1 : Shri Y. H. Jadhav h/f.
Shri Girish A. Nagori
...
CORAM : RAVINDRA V. GHUGE, J.
DATED : 20th NOVEMBER, 2019.
...
PER COURT :
1. I have briefl heard the learned Advocate for the petitioner husband, who seeks to challenge the order dated 14/10/2019 passed bl the Trial Court, bl which, his salarl to the extent of Rs. 75,000/- per month has been attached and his emploler at Pune has been directed to withhold the amount of Rs. 75,000/- per month and remit the amount in the Court at Aurangabad.
2. The learned Advocate appearing for the respondent wife submits that he has just now received ::: Uploaded on - 22/11/2019 ::: Downloaded on - 22/11/2019 23:02:41 :::
2 920-wp-13975-19.odt the writ petition paper book and seeks time to prepare an afdavit-in-repll to oppose this petition.
3. The learned advocate for the petitioner submits that the petitioner prals for interim relief in view of the fact that though his gross monthll salarl is about Rs. 1,70,000/-, the statutorl deductions bl wal of contributions to the P.F. VPF, Professional Tax, Income Tax, Transport Deduction, etc. is about Rs. 46,000/-. The HRA amount of Rs. 45,000/- is paid outright towards the monthll rent for the residential accommodation. He practicalll receives about Rs. 85,000/- in hand. The Honourable Apex Court mandates 25% of such amount for the wife and 15 % for the child. The petitioner is readl to pal Rs. 45,000/- without anl default until further orders. He also points out that he has paid an amount of Rs. 11,25,000/- towards interim maintenance to the wife in the past 1½ lears.
4. On the request of the respondents, list this petition in the ''urgent admissions categorl'' on ::: Uploaded on - 22/11/2019 ::: Downloaded on - 22/11/2019 23:02:41 ::: 3 920-wp-13975-19.odt 16/12/2019. Until then, the impugned order dated 14/10/2019 below Exhibit 48 in Special Civil Suit No. 146/2017 shall stand staled on the condition that the maintenance amount from the salarl of November 2019 palable in December 2019 @ Rs. 45% per month, shall be deposited bl the petitioner before the Trial Court at Aurangabad on or before the 7 th dal of each month from 07/12/2019, until further orders.
5. Needless to state, the ad interim arrangement in view of the decision of the Honourable Apex Court in the matters of Kulbhushan Kumar Vs. Raj Kumari and Anr., (1970) 3 SCC 129 and Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy, 2017 (3) BomCR 765, shall be subject to the result of this petition.
6. Ofce to accept the afdavit-in-repll fled bl the respondents.
7. So also, the petitioner shall place before this ::: Uploaded on - 22/11/2019 ::: Downloaded on - 22/11/2019 23:02:41 ::: 4 920-wp-13975-19.odt Court, the salarl certifcate / consolidated salarl slip for the month of November 2019, on the next date of hearing in this matter.
(RAVINDRA V. GHUGE, J.) shp/-
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