SEWAKRAM Vs. ROSHANI

JUDGEMENT

(1.) Heard learned Counsel Shri A.D. Patil for the petitioner and learned Counsel Shri M.O. Chikhale for the respondent. Rule. Rule returnable forthwith by consent of learned Counsel for the parties.

(2.) The petitioner is aggrieved by the order passed by the Family Court No. II, Nagpur below Exh. 5 in Petition No. 287/2011.

(3.) 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. 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:-