1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 43. WP/8081/2009 (KAILASH SHANTRAM KASAR V/S SUJATA KAILAS KASAR AND OTHERS) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.B.Patil, Adv., for the petitioner. Mr.P.N.Kutti, Adv., for respondent nos. 1 to 3. ... CORAM: K.U.CHANDIWAL, J. DATE:8/10/2010 1. Heard. 2. The controversy between the spouses has led to several disputes resulting in proceedings under Section 125 of Cr.P.C. wherein, it is informed, the husband is making regular remittances by way of maintenance. In Special Civil Suit No.140/2008 the wife brought to the notice of the learned 5th Joint Civil Judge, Senior Division, Jalgaon, about her entitlement to get interim maintenance and, consequent upon the documents tendered, the learned Judge granted maintenance to the tune of Rs.1500/- to the 2 wife and Rs.1000/- each to plaintiff nos. 2 and 3, making total figure as Rs.3500/-. 3. The principal grievance of Mr.Patil, learned counsel, forthe husband is, since the husband is already discharging maintenance in terms of the award under Section 125 Cr.P.C., it will be a double taxation to the husband and it is unwarranted. He claims that it is even illegal. Another contention is, the wife in the proceedings for restitution of conjugal rights has set up a claim for divorce, where she lost. Mr.Patil, learned Counsel, submits that since the claim for divorce is rejected, the wife has no voice to claim maintenance. 4. All the submissions of Mr.Patil, learned Counsel, are difficult to digest and act upon. Refusal to grant divorce decree does not dis-entitle a wife from staking a claim for maintenance since she is primarily entitled - 3 for the same. Grant of maintenance under Section 125 Cr.P.C. has its inbuilt limitation. It will not curtail remedies available in a civil suit seeking partition of the property. 5. The interim alimony granted by the learned Judge to the tune of Rs.3500/- per month in the set of situation though cannot be faulted, however, considering the financial crunch that Mr.Patil, learned Counsel, projected, the amount is reduced to Rs.2000/-, per month consolidated, such payment shall be payable from Oct.,2010. The husband shall pay all the earlier arrears as is directed by order dt.11.9.2009 within three months from today. Writ Petition partly allowed to the extent indicated above. No costs. (K.U.CHANDIWAL) JUDGE ... AGP/8081-09wp