Advocates:
['S S DHENGALE', '', 'K N JAIN', 'VAISHALI KHADEKAR', 'KANIKA SHARMA']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL REVISION APPLICATION NO.117 OF 2022

SHRI SUMESH PAENTIA S/O PIRU RAM VS SWATI W/O SUMESH PAENTIA AND ANOTHER

_______________________________________________________________

Office Notes, Office Memoranda of Coram,

appearances, Court's orders of directions

Court's or Judge's orders.

and Registrar's Orders.

Shri K.N. Jain, Advocate for applicant

Ms Vaishali Khadekar, Advocate for the non-applicant Nos.1 and 2

CORAM : A NIL S. KILOR

, J.

DATED : 13.10.2022.

1.

A challenge raised by the present application is to the order

below Exh.6 dated 11.02.2022 passed by the learned Judge, Family

Court-4, Nagpur, directing the applicant/husband to pay

Rs.15,000/- per month to each non-applicant Nos.1 and 2 towards

interim maintenance from the date of filing of the said application

i.e. 08.03.2019 till decision of main petition on merit.

2.

The learned counsel for the applicant submits that the

applicant is getting pension of Rs.47,000/- per month and

therefore, the impugned order granting interim maintenance of

Rs.15,000/- to each non-applicants, is exorbitant.

3.

On the other hand, the learned counsel for the non-

applicants points out from paragraph 18 of the application that the

applicant is receiving pension Rs.63,000/- per month. Furthermore,

she submits that no affidavit as regards asset and liability, has been

filed by the applicant, either before the Family Court or before this

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Court. She further submits that such affidavit is not filed to

suppress the fact that he received Rs.1 crore as retiral benefits and

Rs.1,66,00,000/- from immovable property. She therefore, submits

that there is no illegality or irregularity committed by the learned

Family Court in granting interim maintenance Rs.15,000/- to each

of the non-applicants.

4.

I find substance in the submission of the learned counsel for

the non-applicants that affidavit disclosing asset and liability, has

not been filed by the applicant to suppress his financial position.

5.

Furthermore, after considering the reasons recorded by the

Family Court while arriving at the amount of Rs.15,000/- as interim

maintenance for each of the applicants, I do not find any illegality

committed by the learned Family Court.

6.

As far as submission of the learned counsel for the applicant

that the applicant had already paid certain amount after filing of the

application on 08.03.2019 for maintenance and no directions have

been issued by the Family Court for adjustment of the same is

concerned, I am of the opinion that the amount, if any, paid by the

applicant to the non-applicants after filing of the application for

grant of maintenance on 08.03.2019, the same shall be adjusted

towards the interim maintenance granted by the Family Court.

7.

In the circumstances, except for the above clarification, I do

not find any merit in the present application. Accordingly, I pass

the following order:

i)

The application is rejected.

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ii)

It is made clear that if any amount paid by the

applicant after filing of the application for maintenance on

08.03.2019, the same shall be adjusted in the total amount of

interim maintenance granted by the Family Court-IV,

Nagpur.

iii)

The application is disposed of accordingly.

JUDGE

nd.thawre

Digitally signed byNIRANJAN

DOMAJI THAWRE

Signing Date:14.10.2022

11:03