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Judgment
10 paragraphs · 284 wordsP.S. Patankar, J.
Heard both sides.
Rule.
The learned Counsel for respondent waives notice. By consent heard forthwith.
By impugned order dated 29.11.1996 the learned Judge granted interim maintenance at the rate of Rs. 3,000/- for respondent-wife and Rs. 2,000/- for child with effect from 7.2.1994. The learned Judge has also directed to pay expenses of Rs. 4,000/- for litigation. The said order is under challenge.
There is no dispute that the petitioner is a dealer in whole-sale Ghee business. He states that his annual income is Rs. 50,000/- and he has filed Income Tax Returns for the years 1994-95 and 1995-96. These are in respect of the period after proceedings were initiated. Return just prior to that year is not filed. Considering his business, it is difficult to accept that his annual income is Rs. 50,000/- only. According to respondent his income is Rs. 1,00,000/- per year. Even this cannot be accepted as completely correct at this stage. Some latitude will have to be given. If that is so maintenance granted is on higher side.
Hence I modify the order as follows :
The petitioner to pay interim maintenance at the rate of Rs. 2,000/- for Respondent-wife and Rs. 2,000/- for minor child with effect from 7.2.1994. The petitioner shall also pay the expenses for the litigation of Rs. 4,000/-.
The petitioner has deposited an amount of Rs. 54,000/- in this Court pursuant to the order dated 29.1.1997. Respondent is permitted to withdraw the same. The petitioner to pay the arrears of maintenance within 2 months from to-day and the petitioner to go on paying the same during the pendency of the petition.
Petition disposed of accordingly.