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2017 Supreme(Bom) 1630

SHALINI PHANSALKAR-JOSHI
Vijay Dhondiram Ghadage – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Chetan S. Damre, Advocate.
For the Respondents:Swapnil Mhatre i/by Rajan S. Pawar, Advocates, J. A. Madane, AGP.

JUDGMENT :

1. Heard learned counsels for the petitioner and respondents.

2. Rule.

3. Rule made returnable forthwith with the consent of parties.

4. This writ petition is preferred by the petitioner husband, challenging the order dated 25.01.2016, passed by the Family Court, Nashik in P.A. No.52 of 2014, thereby allowing the respondent's application for interim maintenance filed under section 24 of the Hindu Marriage Act and granting her Rs.3,000/- per month from the date of application, Rs.5,000/- towards litigation expenses, plus Rs.100/- per trip when she remains present in the court towards her travelling expenses.

5. The submission of learned counsel for the petitioner is that respondent is more qualified than the petitioner as she is double graduate i.e. M.A. whereas petitioner is merely a graduate in Arts. Secondly, it is submitted that the earning of the petitioner is only Rs.7,000/- per month from his service as clerk in a private company. Thirdly, it is submitted that respondent has not produced any documentary evidence to prove the income of the petitioner. Despite that the trial Court has awarded maintenance of Rs.3,000/- per month.

6. An attempt is also made to contend that r











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