IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELATE JURISDICTION

CRIMINAL APPELATE JURISDICTION

CRIMINAL APPELATE JURISDICTION

WRIT PETITION NO.1703 OF 2003

WRIT PETITION NO.1703 OF 2003

WRIT PETITION NO.1703 OF 2003

Vijay Sakharam Kamble. ...Petitioner.

V/s.

V/s.

V/s.

Vanita Vijay Kamble & Anr. ...Respondent.

Shris A.G.Toraskar, Advocate for Petitioner.

Ms.Madhavi M. Tavanandi,Advocate for Respondent No.1.

Shri B.H.Mehta, APP for Respondent No.2.

CORAM: A.S.AGUIAR,J

CORAM: A.S.AGUIAR,J

CORAM: A.S.AGUIAR,J

DATE : 27TH AUGUST,2004.

DATE : 27TH AUGUST,2004.

DATE : 27TH AUGUST,2004.

P.C. :-

P.C. :-

P.C. :-

1. Heard the learned Advocates. Rule returnable

forthwith by consent.

2. From the avernments and the order passed by the

Court below, it is clear that the respondent wife has not

been able to show that the petitioner husband has income of

more than Rs.1,500/- per month. It is the case of the

petitioner that his only source of income is as a daily

wages earner with the firm of Light Engineering works at

Kanjurmarg. He has produced a letter from the said company

showing that he gets Rs.50/- per day. No doubt the

petitioner admits that he has some agricultural land at

village Karpe, Taluka Vallya, District-Sangali. However,

the said land is a joint family property. He has only a

fraction share in the said property and the said property

is not yielding any income.

3. Learned advocate for the Respondent states that the

respondent wife is illiterate living in a remote village.

She is not in a position to produce any evidence of income

of the petitioner husband. In the circumstance, the Court

is not in position to assess the amount of maintainance to

be paid to the respondent wife. However, the learned

advocate for the petitioner states that the petitioner is

ready to pay Rs.750/- per month to the respondent wife as

maintainance charges. He states that he is paying arrears

of maintainance at the rate of Rs.1,500/- per month as

directed by this court pursuant to the order dated 5th

February, 2003 passed by the J.M.F.C.. In the light of the

above discussion, it will be appropriate to direct the

petitioner husband to pay respondent wife maintainance at

the rate of Rs.1,000/- per month. The amounts already paid

by the petitioner will be adjusted towards payments of

arrears to be calculated at the rate of Rs.1,000/- per

month. In view of the above, petition is disposed of.

Rule is made absolute accordingly.

(A.S.AGUIAR,J)

(A.S.AGUIAR,J)

(A.S.AGUIAR,J)