srjwp-1990-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.1990 of 2009 Shri Chandrakant M. Patil .. Petitioner V/s. Smt.Sujata C. Patil .. Respondent. Shri Prashant P. Jadhav, for Petitioner. Shri Vaibhav Gaikwad alongwith A.M.Kulkarni, for Respondent. CORAM : SMT.ROSHAN DALVI, J. DATED : 12th January, 2010 P.C. : 1. This Writ Petition challenges the impugned order dated 26th November, 2008 of the Jt. Civil Judge Junior Division, Sangli, granting maintenance of Rs. 1,500/- to the Respondent Wife. The husband has challenged the order as unreasonable and excessive. 2. Parties are agriculturists. The wife has shown the agricultural income of his husband from the agricultural properties which are joint family properties of the husband. Advocate on behalf of the husband has produced the extract of the record of rights of survey No.479, 477, 396 and 396(a) ad- srjwp-1990-09.sxw 2 measuring approximately 4 acres which stands in the name of the father of the husband. These are, therefore, joint family properties of husband. He claims that he works as an agriculturist in the agricultural land of his father. The record of rights shows that the properties are cultivated. Groundnuts and soyabean etc., are inter alia grown in the joint family property of the husband. The husband must be taken to derive reasonable income from the said properties. 3. It is the contention of the wife that from the cultivation of his land, her husband earns about Rs.1,50,000/- p.a. She further contended that from other income he earns Rs.50,000/- making a total of Rs.2,00,000/- p.a. It is case of the husband that he is an agriculturist and earns Rs.24,000/- p.a. The husband has not substantiated this earning at all. Under settled law, in such case, the wife s earning must be accepted. The learned Judge has considered both the aspects and granted interim maintenance only for Rs.1,500/- tobe paid by the husband to the wife. The husband is relying upon the judgment in the case of Rekha Deepak Malhotra v/s. Deepak Jagmohan Malhotra 1992(2) ALL MR 601. It is held that the rational and balanced view of various factors is required to be srjwp-1990-09.sxw 3 taken. That is what the learned Judge has done in the impugned order. 4. Writ Petition is rejected. (SMT.ROSHAN DALVI, J.)