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2013 DIGILAW 478 (BOM)

Sewakram s/o. Deochandji Fating v. Sau. Roshani w/o. Sewakram Fating

2013-02-28

M.L.TAHALIYANI

body2013
JUDGMENT Heard learned Counsel Shri A.D. Patil for the petitioner and learned Counsel Shri M.O. Chikhale for the respondent. 2. Rule. Rule returnable forthwith by consent of learned Counsel for the parties. 3. The petitioner is aggrieved by the order passed by the Family Court No. II, Nagpur below Exh.5 in Petition No.287/2011. 4. It is noted that the order in question is an interim order passed below the application filed by respondent Sau. Roshani Sewakram Fating. The Family Court has directed petitioner Sewakram Deochandji Fating to pay Rs.1500/- per month to the respondent for her maintenance from the date of filing of application i.e. 06-8-2011. 5. The learned Counsel for the petitioner has submitted that the petitioner is a labour and he does not earn more than Rs.2000/- to Rs.2500/- per month. The learned Counsel for the respondent has not been able to show that there was any material before the Family Court to prima facie establish the monthly income of the petitioner. The petitioner in his reply before the trial Court has stated that his monthly earning was Rs.2000/- to Rs.2500/-. In view thereof, the order passed by the Family Court No. II, Nagpur on 12th July, 2012 is modified as under : "Applicant Sewakram s/o Deochandji Fating shall pay an amount of Rs.1,000/- per month to the respondent for her maintenance from the date of tiling of Petition No.E287/2011. This order shall come to an end on Family Court passing a final order in the petition." The amount of Rs.10,000/- deposited by the petitioner in this Court shall be refunded to the respondent. The said amount of Rs.10,000/- shall be adjusted in the arrears of maintenance amount to be paid by the petitioner to the respondent. Rule is made absolute in the above terms. Ordered accordingly.