SANJAY @ SHRIPAD DEVIDAS BHALERAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of this writ petition the petitioner is challenging the order passed by the Judge, Family Court Aurangabad dated 21.8.2007 in petition No. E-396 of 2005 thereby granting maintenance to respondent wife at the rate of Rs.1000.00 p.m. and Rs.750.00 p.m. each to two children from the date of filing of petition.

(2.) Brief facts giving rise to the present writ petition are as follows :-

(3.) Learned counsel for the petitioner submits that the petitioner husband is not in a position to pay maintenance amount due to closure of industry where he was serving and thus, he is drawing half of the wages. Considering the same, this court by order dated 15.4.2009 directed the petitioner husband to deposit the amount of past maintenance of Rs.1500.00 p.m. from the date of application and further directed him to pay maintenance at the rate of Rs.1500.00 p.m. regularly from the May, 2009 onwards. The respondent wife has no just cause to reside separately and claim the maintenance. Respondent wife without any reason is staying with her parents and thus she is not entitled to claim maintenance.