1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL NO.1252 OF 2010 Chhagan Pandharinath Patil ... Appellant. Versus Ujjwala Chhagan Patil ... Respondent. ... Mr.Patil Sandesh R., advocate for the appellant. Mr.B.R.Warma, advocate for the Respondent ... CORAM : S.V.GANGAPURWALA,J. Date : 06.09.2010. PER COURT 1. The appellant assails the judgment passed by the Joint Civil Judge (S.D.), Dhule, dated 5.2.2010 in Special Civil Suit No.14/2009. 2 2. The present Respondent has instituted Special Civil Suit No.14/2009 for maintenance U/s 18 of Hindu Adoption and Maintenance Act. The trial Court has partly decreed the suit and awarded maintenance of Rs.6,000/- (Rupees six thousand) p.m. The claim for maintenance prior to filing of the suit has been dismissed. 3. At the time of issuance of notice to the Respondents, this Court vide order dated 17.6.2010, had put the parties on notice that the matter would be heard finally at the stage of admission. The record and proceedings is also received. 4. Mr.Patil, learned counsel for the appellant contended that the amount of maintenance awarded by the Court below is too exorbitant. According to him, the present appellant was not at fault and it is the present Respondent who did not want to maintain healthy relations with the present appellant. It was the Respondent who was harassing the appellant and the Respondent left the matrimonial home without 3 informing the appellant. 5. According to him, Rs.1,500/- (Rupees one thousand five hundred) p.m. is awarded to the Respondent as maintenance in proceedings U/s 125 of the Cr.P.C. and Rs.500/- as interim alimony in divorce proceedings. Over and above Rs.6,000/- (Rupees six thousand) p.m. would also be too excessive and exorbitant. 6. Mr.Warma, learned counsel for the Respondent has submitted that perusal of the salary certificate shows that the salary of the appellant is Rs.28,000/- (Rupees twenty eight thousand) p.m. and the amount awarded i.e. Rs. 6,500/- (Rupees six thousand five hundred) p.m. is reasonable. He further submits that the Respondent would not claim the amount of maintenance awarded in proceedings U/s 125 of the Cr.P.C. and so also the interim alimony awarded in divorce proceedings. She had filed purshis to that effect. The said purshis is marked as "X" for identification. 4 7. I have heard learned counsels for the parties and I have also gone through the record. The substantive proceedings regarding divorce are pending. U/s 18 of the Hindu Adoption and Maintenance Act, the relationship is to be seen. The relationship is not disputed. The salary certificate also shows that the income of the appellant from the salary is Rs.28,000/- p.m. Mr.Patil, learned counsel submits that taking into account the deductions he would be getting Rs.8,000/- (Rupees eight thousand) p.m. The deductions are own creation of the appellant. The salary is about Rs.28,000/- p.m. which is evidenced from the salary certificate. The salary certificate is not disputed. In light of the said clinching evidence, there is nothing on record to disbelieve the said fact. The Court below while passing the impugned judgment has taken into consideration the various aspects of the case and thereafter has arrived at the right conclusion. The appellant is in a position to give said amount of maintenance. The Court has also observed about the relationship being strained and that the appellant has withdrawn the 5 Respondent from his company. 8. In view of the above facts and also in view of the fact that the present Respondent has filed Purshis/undertaking that she would not claim maintenance i.e. awarded in proceedings U/s 125 of the Cr.P.C. and also also the interim alimony granted in divorce proceedings, I feel there is no error on the part of the Court below. The Appeal is dismissed with no order as to costs. 9. The appellant shall deposit the arrears of maintenance within a period of one month from today. (S.V.GANGAPURWALA,J.) asp/office/fa1252.10 6