Learned 4th Additional Civil Judge & J.M.F.C., Bharuch by order dated 21.09.2010 passed in Criminal Misc. Application No.240 of 2010 awarded Rs.8,000/- pm to the respondent No.1 towards maintenance from the date of application in exercise of powers under Section 125 of the Code of Criminal Procedure, 1973.
2. The 2nd Additional Sessions Judge, District & Sessions Court, Bharuch by a well reasoned order dated 14.02.2011 confirmed the order 21.09.2010 passed by the 4th Additional Civil Judge & J.M.F.C., Bharuch and against which the petitioner has filed this petition under Articles 226 and 227 of the Constitution of India.
3. The contention of the learned advocate for the petitioner that the courts below erred in arriving at a conclusion of awarding monthly maintenance of Rs.8,000/- pm to the respondent-wife since she is also having degree in Naturopathy and earning her livelihood by running a beauty parlour. Further, the petitioner has responsibility to maintain his family and to pay installments and, therefore, the amount awarded is disproportionate to his disclosed income and the orders passed by the courts below deserves to be quashed and set aside.
4. Considering the overall facts and circumstances and on perusal of record of the case, it reveals that the petitioner is a doctor running a clinic in Bharuch town and further he has partnership with other doctors. It is also not in dispute that the petitioner has deserted respondent-wife and at present living with another women and it cannot be said the petitioner is not capable of paying Rs.8,000/- pm to his wife towards maintenance. No case is made out to exercise extra-ordinary jurisdiction under Article 226 of the Constitution of India in favour of the petitioner.
This petition is de-void of merit and accordingly stands dismissed.
[Anant S. Dave, J.] *pvv Top