: 1 : ca-172-10=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 172 OF 2010 IN FAMILY COURT APPEAL NO. 83 OF 2010 Mildred Stanley Pereira .. Applicant / (Orig. respondent) v/s. Stanley Victor Pereira .. Respondent (Orig. petitioner) Mrs. S.I. Jaykar (Lalwani) for applicant Mr. P.B. Shah for respondent CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 27th JUNE 2011. P.C. : 1. By this application, it is prayed that the respondent husband be directed to pay monthly maintenance @ Rs.20,000/- per month for the appellant and the son Ansfrid. Further relief is claimed to direct the respondent husband to provide suitable accommodation for the appellant and the son in the vicinity of appellant’s relatives house, where she is presently residing. 2. Insofar as the second relief is concerned, we find force in the argument of the respondent husband that since he has already made : 2 : ca-172-10=.doc arrangement by procuring official quarter in R.C.F. complex, applicant is free to occupy the same along with the son, if she so intends to do. The applicant cannot insist that the respondent husband should provide her accommodation in the vicinity of her relative’s house, where she is presently residing. In any case, such relief cannot be granted by way of interim application. That aspect will be finally answered in the appeal, which is pending before this Court. In other words, the applicant is free to avail of the accommodation offered by the respondent husband in R.C.F. complex, if she so desires. 3. Reverting to the first relief claimed to direct the respondent husband to pay monthly maintenance @ Rs.20,000/- for herself and son Ansfrid, it is noticed that in the original application, the applicant restricted monthly maintenance claim upto Rs.10,000/- per month for herself and for the child. The Family Court has already awarded Rs. 8,000/- in aggregate to the applicant and her son. In the circumstances, we impressed upon the Counsel for the respondent husband to accede to the request for enhancement of maintenance upto Rs.10,000/-, which was the claim in the original application filed before the Family Court. Counsel for the respondent husband on instructions submits that the respondent would agree to pay monthly maintenance, aggregate amount of Rs.10,000/- to the applicant wife : 3 : ca-172-10=.doc and son Ansfrid w.e.f. May, 2010. This assurance is accepted. In view of this assurance, nothing survives for consideration insofar as prayer clause (a) of the application. 4. The husband shall pay the arrears of maintenance amount to be computed on the above basis within four weeks from today. We, however, make it clear that it will be open to the applicant wife to move the Family Court for further maintenance amount on account of changed circumstances, if she is so advised, which application will be considered on its own merits in accordance with law. All questions in that behalf are left open. 5. Application disposed of accordingly. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)