SHYAM BHIVA JADHAV Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition takes an exception to the concurrent finding and order passed by the trial Court and the Revisional Court, directing the petitioner to pay maintenance at the rate of RS. 13,000/- per month to respondent No. 2.

(2.) The petitioner is the husband of respondent No. On account of disputes and marital discord between the parties, respondent No. 2 is residing separately. She has filed application before the trial Court under Section 12 of the Domestic Violence Act seeking various reliefs thereunder. On 27th June, 2012, she filed an application at Exh. 15, seeking relief to the effect that the petitioner husband be directed to pay monthly compensation/rent towards residential premises for the applicant as received from the builder at the rate of RS. 13,000/- per month from January, 2012 onwards till final hearing and disposal of the said case. In support of said prayer, respondent No. 2 wife set out a case that shared house i.e. one room occupied by her, her husband and their daughter was part of housing society. This property was to be developed by builder. Hence occupants of the society building were shifted elsewhere. The builder used to pay them amount of rent which the occupant had to pay for alternate accommodation towards rent. The petitioner husband used to receive RS. 13,000/- per month from the builder. As suddenly builder stopped paying the said amount, respondent wife was constrained to file application before the trial Court, requesting the builder to pay said amount to the society and the society in turn to make payment to her. The trial Court, after hearing both parties was pleased to accede to the request of respondent wife and directed the petitioner husband to make payment of RS. 13,000/- paid by the builder to the society and the society in turn to make payment of the said amount to respondent No. 1.

(3.) This order of the trial Court was challenged by the petitioner husband by preferring Criminal Appeal No. 521 of 2012 before the Sessions Court and the Sessions Court after hearing both the parties, vide its order dated 30th October, 2013, confirmed the order of the trial Court and hence being aggrieved thereby, present writ petition is preferred.