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2018 Supreme(Bom) 1170

MANISH PITALE
Rajnesh s/o Rajendrapal Naidu – Appellant
Versus
Neha w/o Rajnesh Naidu (Joshi) – Respondent


Advocates Appeared:
For the Petitioner:Mr. Gopal B. Sawal, Advocate.
For the Respondent:Dr. Renuka S. Sirpurkar, Advocate.

JUDGMENT :

1. By this writ petition, the petitioner (husband) has challenged order dated 24/08/2015 passed by the Family Court, Nagpur, granting interim maintenance to the respondents (wife and child), during the pendency of application filed by the respondents for grant of maintenance under section 125 of the Cr.P.C. The Family Court has directed that the petitioner shall pay interim maintenance of Rs. 15,000/- per month from 01/09/2013 to the respondent No. 1 wife and Rs. 5000/- per month to respondent No. 2 child from 01/09/2013 to 31/08/2015 and thereafter to pay to the child Rs. 10,000/- per month from 01/09/2015 till further orders.

2. While issuing notice in this writ petition, on 23/11/2015, this court had granted stay to the effect and operation of the said order of the Family Court, subject to the petitioner depositing interim maintenance for the respondents at Rs. 10,000/- per month. The said amount has been paid regularly by the petitioner to the respondents and there is no dispute about the same.

3. Mr. Gopal Sawal, learned counsel appearing on behalf of the petitioner submitted that the impugned order passed by the Family Court was unsustainable because it was based on c











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