PADMA @ VAISHALI DHAMMAPAL GHANBAHADDUR Vs. DHAMMAPAL TEJRAO GHANBAHADDUR
LAWS(BOM)-2016-4-197
HIGH COURT OF BOMBAY
Decided on April 20,2016

Padma @ Vaishali Dhammapal Ghanbahaddur Appellant
VERSUS
Dhammapal Tejrao Ghanbahaddur Respondents

JUDGEMENT

Z.A.HAQ, J. - (1.) Heard Shri N.B. Jawade, advocate for the wife and Shri U.J. Deshpande, advocate for the husband.
(2.) Rule. Rule made returnable forthwith.
(3.) The wife had filed proceedings under Section 125 of the Code of Criminal Procedure E.P. No. 225/2009 which was allowed by the order dated 23rd July, 2010 and husband was directed to pay maintenance of Rs. 1,000/- per month. At that time, the husband was working as Shikshan Sevak and getting honorarium of Rs. 3000/- per month. Subsequently, the husband acquired the status of permanent Teacher and his salary increased substantially. In view of changed circumstances, the wife filed an application under Section 127 of the Code of Criminal Procedure praying for enhancement in the amount of maintenance. The Family Court, by the impugned order, has partly allowed the claim of the wife and has directed the husband to pay Rs. 2,500/- per month to the wife from the date of the order and to pay Rs. 20,000/- in lump sum towards arrears of enhanced amount of maintenance. The husband has challenged the above order contending that the application filed by the wife under Section 127 of the Code of Criminal Procedure is required to be rejected. The wife has challenged the order passed by the Family Court on the ground that the Court has not properly appreciated the evidence on the record and has not granted maintenance commensurate with the earning and status of husband. ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.