1 WP 8806-2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8806 OF 2023 GANESH TUKARAM WAGHMARE VERSUS MINA ALIAS RANI GANESH WAGHMARE … Mr. Sandesh R. Patil – Advocate for Petitioner Ms. Manjushree V. Narwade – Advocate for Respondent (appointed) … CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 02.02.2026 O R D E R : 1. Heard learned Counsel for the respective parties. 2. The petitioner is aggrieved by the order dated 03.04.2023 passed below Exhibit-7 by the learned Judge, Family Court, Jalgaon, in Petition No. C–02 of 2022, whereby the learned Judge partly allowed the application and directed the petitioner-husband to pay interim maintenance of Rs.4,000/- per month to the respondent-wife from the date of the petition. 3. Learned Counsel for the petitioner, Mr. S.R. Patil, submits that the petitioner-husband was in service with Zilla Parishad, however, he has been suspended from service and is presently jobless and not receiving any salary. It is further submitted that the petitioner has to maintain his 2026:BHC-AUG:5457 2 WP 8806-2023.odt aged mother, has no independent residential house and is residing in rented premises. It is contended that the respondent-wife has willfully deserted the petitioner and, therefore, there is no refusal on the part of the petitioner-husband to maintain her. On these grounds, it is urged that the impugned order passed by the Judge, Family Court, Jalgaon, deserves to be set aside. 4. Per contra, learned Counsel for the respondent-wife, Ms. M.V. Narwade, supports the impugned order and submits that the learned Judge, Family Court, Jalgaon, has passed a reasonable and justified order. It is submitted that the respondent-wife has no source of income, whereas the petitioner-husband is serving with the Zilla Parishad and is earning a salary of about Rs.25,000/- per month. It is further submitted that the mother of the petitioner is a pensioner and is not dependent upon him and that the respondent-wife is only dependent upon the petitioner- husband. 5. Having perused the impugned order passed by the learned Judge, Family Court, Jalgaon, it is evident that there is no dispute regarding the marital relationship between the parties and that a petition under the Hindu Marriage Act is pending before the Family Court, Jalgaon. In the application for interim maintenance, the respondent-wife specifically contended that the petitioner-husband was in service with the Zilla Parishad. At the relevant time, the respondent-wife placed on record the 3 WP 8806-2023.odt salary certificate of the petitioner, which indicates that he was drawing a net salary of Rs.23,857/- per month, as well as the pension certificate of the petitioner’s mother. 6. Merely on the ground that the petitioner-husband has been suspended from service with the Zilla Parishad, the impugned order cannot be set aside. Furthermore, the amount of Rs.4,000/- per month granted towards interim maintenance is, in fact, a meagre amount. Considering these aspects, I am not inclined to entertain the present petition. 7. Hence, the Writ Petition stands dismissed. There shall no order as to costs. 8. Pending Civil Applications, if any, also stand disposed of. 9. The fees in sum of Rs.6,000/- (rupees Six Thousand only) shall be quantified to the learned Counsel, Ms. Manjushree V. Narwade, appointed to represent the respondent. [ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/