PRAVIN GANPATI PATIL Vs. KAMAL

JUDGEMENT

(1.) Heard Mr. N. g Vechalekar, learned counsel for the petitioner and Mr.Chandrashekhar Yadav, learned counsel for respondent, at length.

(2.) By this Petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 6.1.2017 passed by the learned Principal Judge, Family Court No.1, Pune below Exhibit-10 in P.A. No.1134/2015. By that order, the learned trial Judge partly allowed the application made by the respondent under Sections 24 and 25 of the Hindu Marriage Act, 1955 (for short, 'Act') and directed the petitioner herein to pay interim maintenance of Rs.10,000/- per month to the respondent for herself and Rs.10,000/- per month for minor daughter Vaishnavi from the date of the application till the decision of the main petition. The petitioner is further directed to pay Rs.10,000/- to the respondent towards the litigation expenses.

(3.) In support of this petition, Mr.Vechalekar strenuously contended that the respondent in her application under Section 24 of the Act alleged that the petitioner is working as a Design Engineer in Husco International Joint Venture of JCB, Talegaon Dabhade and getting salary of Rs.50,000/- per month. The respondent, however, did not substantiate said claim by producing any evidence. He submitted that by order dated 6.11.2017, this Court directed the petitioner to produce the latest salary-certificate in this Court. In pursuance thereof, the petitioner has produced the salary-certificate which shows that his net salary is Rs.39,215/- He, therefore, submitted that the interim maintenance awarded by the learned trial Judge is highly excessive and oppressive.