Case Note & Summary
The petitioner, Dr. Mahendra Bhaurao Kaikade, a medical practitioner in rural Thane, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the Family Court's order dated 14/02/2011. The impugned order allowed application Exh.5 and granted interim maintenance of Rs.3,500 per month each to the respondent-wife and their two minor children, totaling Rs.10,500 per month. The petitioner contended that his income was not as high as alleged by the respondent (who claimed Rs.1,00,000 per month) and that the amount was excessive. During the hearing, the petitioner's counsel, Mr. B.G. Kulkarni, made a fair statement that the petitioner was ready to pay Rs.7,500 per month in aggregate for the wife and children. The court noted that the petitioner later offered to enhance this amount by Rs.1,000, making it Rs.8,500 per month. Considering that the petitioner is a medical practitioner in a rural area, the court found Rs.8,500 to be a reasonable amount for interim maintenance. Accordingly, the High Court set aside the impugned order and substituted it with an order directing the petitioner to pay Rs.8,500 per month in aggregate to the respondent-wife and two children. The rule was made absolute, and parties were directed to bear their own costs.
Headnote
A) Family Law - Interim Maintenance - Quantum - Section 125 CrPC - The petitioner, a medical practitioner in rural Thane, challenged the Family Court's order granting interim maintenance of Rs.10,500 per month to his wife and two children. The High Court, considering the petitioner's offer to pay Rs.7,500 and an additional Rs.1,000, reduced the total interim maintenance to Rs.8,500 per month, holding that this amount is reasonable given the petitioner's rural practice and the needs of the family. (Paras 2-3)
Issue of Consideration
Whether the interim maintenance of Rs.10,500 per month granted by the Family Court to the respondent-wife and two children is excessive and should be reduced.
Final Decision
The impugned order granting interim maintenance of Rs.10,500 per month in aggregate is set aside and substituted by an order directing the petitioner to pay Rs.8,500 per month in aggregate to the respondent-wife and two children. Rule made absolute. Parties to bear their own costs.
Law Points
- Interim maintenance
- Family Court
- Articles 226 and 227 of Constitution of India
- Reasonable amount
- Medical practitioner income
Case Details
2011 LawText (BOM) (06) 160
Writ Petition No.1945 of 2011
Mr. B.G. Kulkarni for petitioner, Mr. Dhonde for respondents
Shri (Dr.) Mahendra s/o Bhaurao Kaikade
Sau.Ranjana w/o Mahendra Kaikade, Umesh s/o Mahendra Kaikade, Niraj s/o Mahendra Kaikade
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the Family Court's order granting interim maintenance.
Remedy Sought
Petitioner sought reduction of interim maintenance amount from Rs.10,500 to a lower amount.
Filing Reason
Petitioner challenged the Family Court's order dated 14/02/2011 granting interim maintenance of Rs.3,500 per month each to the respondent-wife and two children, totaling Rs.10,500 per month.
Previous Decisions
Family Court allowed application Exh.5 and granted interim maintenance of Rs.10,500 per month in aggregate.
Issues
Whether the interim maintenance of Rs.10,500 per month granted by the Family Court is excessive and should be reduced.
Submissions/Arguments
Petitioner's counsel submitted that the petitioner is a medical practitioner in rural Thane and offered to pay Rs.7,500 per month in aggregate, later enhanced to Rs.8,500.
Respondent alleged petitioner's income was Rs.1,00,000 per month, but the court did not rely on this.
Ratio Decidendi
Interim maintenance must be reasonable considering the income and circumstances of the payer. A medical practitioner in a rural area can be directed to pay Rs.8,500 per month as interim maintenance to his wife and two children.
Judgment Excerpts
The learned counsel Shri B.G.Kulkarni on behalf of the petitioner submitted that he had fairly stated before the Family Court that his client i.e. the petitioner is ready to pay Rs.7500/ as maintenance in aggregate for the respondent/wife and the two school going children.
In my view, considering the fact that a fair statement has been made by the learned counsel Shri Kulkarni that he is ready to enhance the said amount of Rs.7500/ by Rs.1000/ more, so that the total amount becomes Rs.8500/ which, in my view, is a reasonable amount of interim maintenance considering the fact that the petitioner is a Medical Practitioner in Rural Thane.
Procedural History
The Family Court allowed application Exh.5 on 14/02/2011 granting interim maintenance of Rs.10,500 per month. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Nagpur Bench, challenging the order. The High Court heard the matter on 20/06/2011 and modified the order.
Acts & Sections
- Constitution of India: Articles 226, 227
- Code of Criminal Procedure, 1973 (CrPC): Section 125
