ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 418 OF 2008 PETITION NO. 418 OF 2008 PETITION NO. 418 OF 2008 Mrs.Priya Ashesh Bagul ...Petitioner Vs. Shri Ashesh Pandurang Bagul ...Respondent. Mr.R.M.Hardas i/by Mr. P.N.Joshi for the Petitioner. Ms.Seems Sarnaik for the Respondent. WRIT WRIT WRIT PETITION NO.2523 OF 2008 PETITION NO.2523 OF 2008 PETITION NO.2523 OF 2008 Ashesh Pandurang Bagul (Patil) ...Petitioner Vs. Priya Ashesh Bagul (Patil) ...Respondent. Ms. Seems Sarnaik for the Petitioner. Mr.R.M.Hardas for the Respondent. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 24th July, 2008 : 24th July, 2008 : 24th July, 2008. P.C. P.C. P.C. . Heard the learned counsel appearing for the respective parties. 2. Both the above petitions takes exception to the common order passed by the 3rd Joint Civil Judge, Senior Division, Nashik, on 22/08/2007 below Exhibit ( 2 ) 13 in H.M.P. No. 267 of 2005 whereby the amount of maintenance @ Rs.8,000/- per month was granted to the wife towards interim maintenance from the date of application. 3. The Petitioner in Writ Petition No.418/2008 (Respondent in Writ Petition No.2523/2008) filed H.M.P. No.267/2005 under Section 25 of the Hindu Marriage Act-1955 for decree of divorce. During the pendency of the aforesaid Petition, the Application at Exhibit 13 came to be filed under Section 24 of the Hindu Marriage Act for interim maintenance. This application came to be decided by the 3rd Joint Civil Judge, Senior Division, Nashik by the order impugned in this petition and as stated above the Respondent (petitioner in Writ Petition No.2523 of 2008) was directed to give an interim maintenance to the Petitioner @ Rs.8,000/- p.m. from the date of application. The Writ Petition No.418/2008 is filed by the wife for enhancement of interim maintenance and the Writ Petition No.2523/2008 was filed by the husband challenging the rate of maintenance as well as the direction to pay the maintenance from the date of application. ( 3 ) 4. Mr.Hardas, the learned counsel appearing for the wife submitted that the trial court recorded the finding that the husband’s income is 40,000/- p.m. and therefore, the amount of Rs.20,000/- p.m. ought to have been granted to the wife. Ms.Seema Sarnaik, per contra submitted that the husband is not earning that much amount. It was also submitted that the husband is one of the director alongwith other 3 directors in a company by name Pawa Automobiles Pvt. Ltd. She further submits that the husband is paying to the wife an amount of Rs.5000/- from September, 2005. In addition to above, he is also paying other expenses of the wife and two daughters. 5. Having heard the learned counsel appearing for the respective parties and having gone through the impugned order, in my opinion, there is no merit in both the petitions. The trial Court recorded the findings that the husband’s income is Rs.40,000/-p.m.. This finding is recorded after perusal of the income tax returns filed by the husband. I do not see any reason to interfere in this finding. The parties to the Petitions are not in dispute that the wife is taking private tuitions and earns an amount of Rs.3,000/- to 4,000/- p.m.. If this fact is taken ( 4 ) into consideration, I am of the considered view that the amount of Rs.8,000/- granted towards interim maintenance which is 1/5 of total earnings of the Respondent is reasonable, does not call for any interference. 6. This takes me to consider the submission of Ms.Seema Sarnaik that the husband could not have been directed to pay the maintenance from the date of application i.e. from 29/12/2005. She invites my attention to the affidavit in reply filed by the husband on 26/03/2008 where in it is stated that from September, 2005 he is giving an amount of Rs.5,000/- per month to the wife. However, this statement of husband is not supported by any evidence. It is now settled law that normally the maintenance is granted from the date of application, unless any exceptional circumstances are made out. In this particular case, I do not find any exceptional circumstances and therefore, no reason to interfere in the impugned order, in this regard. 7. Ms.Sarnaik, appearing for the Husband at this stage submitted that so far as the arrears of maintenance from the date of filing of the Application ( 5 ) i.e. from 29/12/2005 to the date of order i.e. 22/08/2007, roughly comes to the tune of Rs.1,44,000/- approximately, and same will be deposited in the name of daughters viz.Akanksha and Samrudhi. Mr.Hardas, has no objection if this course is adopted. In view of this I pass the following order. O R D E R R D E R R D E R 1. The Respondent Husband is directed to invest an amount of arrears of maintenance from the date of application i.e. 29/12/2005 till the date of order i.e. 22/08/2007 in the name of daughters viz. Akanksha and Samrudhi in any Nationalized bank within a period of four weeks from today. 2. So far as the arrears of interim maintenance from the date of order is concerned, Ms.Seema Sarnaik states that same are deposited in the District Court, Nashik. She further states that the husband will continue to pay to the ( 6 ) wife an amount of Rs.8,000/- p.m. regularly. 3. Liberty is granted to the Wife to withdraw the amount deposited by the husband in the Court, if not already withdrawn. 4. With above observations, both the Writ Petitions are disposed of. ( R. V. MORE, J.) R. V. MORE, J.) R. V. MORE, J.)