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t1 wp 8236.12IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 8236 OF 2012

Shantanu Shivaji Wavhal .. Petitioner

Versus

Nilima Baban Borde .. Respondents

Shri M. R. Sonwane, Advocate for the Petitioner.

CORAM : S. V. GANGAPURWALA, J.

DATE : 04TH OCTOBER, 2012.

PER COURT :

. The petitioner has approached this Court aggrieved by the

order passed by the Trial Court partly allowing the application

filed by the respondent for grant of cost of the proceedings.

2. Shri Sonwane, the learned counsel for the petitioner

submits that, Sec. 24 of the Hingu Marriage Act is explicitly

clear. The maintenance and cost are to be given to the wife only

if the wife is not in a position to maintain herself and she has no

source of income. In the present case, it has been brought on

record that the wife has income of about Rs. 33,000/- per month.

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t2 wp 8236.12This fact has not been considered by the Court. The petitioner

has denied the averments made by the respondent about income

of the petitioner, but the Court has wrongly observed that the

petitioner has not denied the same. According to the learned

counsel, the Court did not get the jurisdiction to pass the said

order, in view of the fact that the respondent is self dependent

and earning. According to the learned counsel as the order itself

is illegal, the same deserves to be set aside.

3. The present petitioner has filed Hindu Marriage

proceedings before the Court for declaration of the marriage to be

null and void. In the said proceedings, the respondent filed an

application U/Sec. 24 of the Hindu Marriage Act claiming

maintenance and cost of litigation. The Court did not grant

maintenance, but granted cost of litigation quantifying at Rs.

12,000/-.

4. It would be seen that, the present petitioner has initiated

the proceedings in a Court at Ahmednagar. The respondent

resides in a rural village i. e. Khaper, Tq. Akkalkuwa, Dist.

Nandurbar. The proceedings are pending since the year 2011.

The Court has exercised its discretion while awarding the costs.

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t3 wp 8236.125. It can very well inferred that the respondent is required to

attend the Court at Ahmednagar every now and then. When an

equitable jurisdiction has been exercised by the Trial Court, I do

not see any reason to invoke the equitable jurisdiction under

Article 227 of the Constitution of India.

6. In the light of the above, the writ petition is dismissed,

however, with no order as to costs.

7. Taking into account the fact that the proceedings are

matrimonial proceedings, the Trial Court shall endeavour to

dispose of the proceedings as expeditiously as possible and

preferably within a period of six (6) months from today.

[ S. V. GANGAPURWALA, J. ]

bsb/Oct. 12

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