1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5719 Of 2008 Dr.Sanjay S/o.Kashinath Suryawanshi Aged-42 years, Occu-Service as Lecturer at Vasantrao Naik College, Jalna Road, Aurangabad, R/o. C/o.Kashinath Suryawanshi, “Prafulla”, Lakshmikunj Nivas, Jaisingpura, Vidyapeeth Gate, Aurangabad PETITIONER VERSUS 1. Rajashree W/o.Sanjay Suryawanshi, Age-29 years, Occu-Household, R/o.Gautam Nagar, Ghati Road, Auramgabad. 2. Shravasti (Shruti) D/o.Sanjay Suryawanshi Aged-7 years, Minor, under guardianship of her mother Sau.Rajashree W/o.Sanjay Suryawanshi, Aged-29 years, Occu-Household, R/o.Gautam Nagar, Ghati Nagar, Aurangabad. 3. Pranjali D/o.Sanjay Suryawanshi, Age-7 years, Minor, under guardianship of her mother Sau.Rajashree W/o.Sanjay Suryawanshi, Aged-29 years, Occu-Household, R/o.Gautam Nagar, Ghati Nagar, Aurangabad. RESPONDENTS 2 Mr.S.S.Chaudhary, learned counsel for petitioner. Mr. M.D.Joshi, learned counsel for respondents. (CORAM : A.V.POTDAR, J.) DATE : 06/08/2009 PER COURT : 1. By the present writ petition under Article 227 of The Constitution of India, the petitioner who is original petitioner in matrimonial dispute pending on the file of Principal Judge, Family Court at Aurangabad has challenged the order passed below Exh.6 in Petition no.A. 157/2008 by which application the applicant claimed for interim alimony u/s. 24 of The Hindu Marriage Act. That application was allowed by the Principal Judge/family Court by allowing the interim maintenance to the tune of Rs. 4500/- to the respondent wife from the date of application till the final decision of the main petition. 2. Heard learned counsel appearing for the petitioner followed by the arguments of learned counsel appearing for the respondents. The facts which gave rise to file the present writ petition can be summarized as - the petitioner herein had filed divorce petition against respondent no.1 in the Court of Principal Judge, Family Court, Aurangabad u/s. 13 of The Hindu Marriage Act. After service of summons in the said petition, the respondent no.1 appeared in the said petition and filed her written statement to oppose the divorce petition. She had also filed an application at Exh.6 u/s.24 of The 3 Hindu Marriage Act for interim maintenance pendente-lite. The divorce petition before the Family Court by which she had claimed interim maintenance during the pendancy of the divorce petition and also claimed Rs.17500/- for the expenses of respondent no.2 and 3, the minor daughters begotten from the wedlock of petitioner. After hearing both the sides, learned Principal Judge, Family Court pleased to allow the application for monthly interim maintenance to the tune of Rs.4,500/- only from the date of application till the final decision in the divorce petition. So far as claim for the maintenance of minor daughters respondent no.2 and 3 is concerned, that claim was rejected by the Principal Judge, Family Court, Aurangabad. So far as the other claims are concerned they were not considered, but liberty was granted to the first respondent to file separate proceeding to that effect. 3. The provisions under Hindu Marriage Act of giving interim maintenance to the spouse in the matrimonial petitions is a social legislature which gave protection to the spouse in case the petitions are filed against them to make out the expenses of such matrimonial petitions. The provision u/s. 24 of The Hindu Marriage Act is made for interim maintenance during the pendancy of the matrimonial petition while u/s. 25 of the said Act, the permanent alimony is to be awarded at the time of final order passed in the matrimonial petitions. When the application for interim maintenance was filed u/s. 24 of the Hindu Marriage Act, claiming the interim maintenance/pendenti-lite and while opposing that application, it 4 was contended on behalf of the petitioner that the petitioner is a post graduate and she is running the coaching classes where she is giving tuitions to 100 students which fact is denied in the say filed by the first respondent in the main petition also. In this light, even though it was vehemently urged that the first respondent is running coaching classes where she is giving tuitions to 100 students, nothing is brought on record to show at least she is running a coaching classes and have any independent source of income, which is sufficient to maintain herself for her monthly expenses and judicial expenses of her daughters. In absence of any iota of evidence to show that the first respondent has separate independent source of income, mere submissions across the bar are not sufficient to hold that the first respondent is having independent source of income to maintain herself and her minor daughters. 4. So far as the income of the petitioner is concerned, it is not under dispute that he is a lecturer in College and he is earning Rs. 36,000/- as a gross salary and after deductions he is getting Rs. 18,286/- as a net salary. It is observed in para no.20 of the order passed by the Principal Judge, Family Court, Aurangabad showing the income as well as the deductions from documentary evidence on record which the petitioner is earning. The relation between the respondent and petitioner is not under dispute as they are husband and wife. It is also not under dispute that the matrimonial petition filed in the Family Court at Aurangabad is not for restitution of conjugal rights, but it is a petition for divorce, which itself goes to 5 show the intention of the parties. It is not the intention of the parties that they are intending to co-habit in future, but they are intending to reside separately and if it is so, the submissions that it is not prima-facie brought on record that the first respondent driven out from the matrimonial house by the petitioner and on that ground also, she is also not entitled for interim maintenance, in absence of any iota of evidence brought on record to show that the first respondent has independent source of income to maintain herself and her minor daughters. As against this, when the first respondent have brought on record positively the source of income of the petitioner, there are no merits in the present application and the order passed by the Principal Judge, Family Court, Aurangabad about the order of interim maintenance to the tune of Rs.4,500/- p.m. from the date of application till the final decision in the petition. Writ petition sans merit, stands disposed of with no order as to costs. (A.V.POTDAR, J.) khs/AUGUST 2009/wp5719-08