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2008 DIGILAW 985 (BOM)

Janabai w/o. Banduji Khirekar v. Banduji slo. Zibalji Khirekar

2008-07-11

A.H.JOSHI

body2008
JUDGMENT:- This is a petition by wife. She had filed an application for interim maintenance in the proceedings under Section 125, Criminal Procedure Code in the Family Court. The application was partly allowed, and the Court directed to pay interim maintenance of Rs.300/- per month each to the children from the date of the application. No amount was ordered in favour of the wife. 2. It was urged that the husband's carry home salary is Rs.4.300/- and the amount allowed i.e. Rs.300/- p.m. for four children comes to 1,200/- per month which is totally insufficient. 3. According to the petitioners, the amount granted by the Family Court does not match even the immediate requirement of food much less clothing and education. It is clear that the applicant Nos.2, 3 & 4 are taking education in College while the applicant No.5 is taking education in the School. 4. The petition is not contested by the respondent No.1. 5. It is seen from the impugned judgment as well as the salary certificate that the respondent No.1' s gross salary is Rs.7,897/-. 6. Learned Advocate for the petitioners has tendered a recent photo copy of salary slip which indicates that the respondent No.1 s gross salary is Rs.8,320/- and his net carry home salary is Rs.4,304/-. 7. On perusal of impugned judgment, it is seen that only thing recorded by the Family Court in his judgment reads as under: "Considering the requirements of petitioners Nos.2 to 5 for food, clothing and education and so also considering the salary of respondent and further considering the personal expenses of respondent, in my opinion interim maintenance Rs.300/- p.m. Each is granted to respondent Nos.2 to 5 and that is a reasonable and just amount in this particular case." [Quoted from page 16 of Petition paper book] 8. It is seen that the Family Court has not considered as to how the amount of Rs.I0/ ~ per day would suffice for food, clothing, costs of residence, education etc. 9. The husband who has ventured to have four children is bound to exert more and provide for maintenance of children. He would, therefore, be liable to pay to them minimum requirement allowance keeping their health, worthy of reasonable life and to undertake education. 10. 9. The husband who has ventured to have four children is bound to exert more and provide for maintenance of children. He would, therefore, be liable to pay to them minimum requirement allowance keeping their health, worthy of reasonable life and to undertake education. 10. This Court, therefore, finds that at this stage, minimum interim amount of maintenance, which the respondent No.1 is liable to pay is Rs.500/- per month to each child. Order impugned is accordingly modified. 11. In the result, the respondent No.1 is directed to pay monthly maintenance to the children at the rate of Rs.500/- p.m. for every child. 12. Rule is made absolute in above terms. Petition allowed.