1 (8) WP 5572/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 5572 OF 2010 Sarvesh Rajendra Dwivedi .. Petitioner Vs. Kumud Sarvesh Dwivedi & Anr. .. Respondents Petitioner present. Respondent and her child are present. Ms. Pinky Bhansali for the Petitioner CORAM : MRS. ROSHAN DALVI, J. Date : 23rd September, 2010 P.C. 1. The impugned order of interim maintenance passed by the Family Court, Bandra, Mumbai on 11.05.2010 grants maintenance of RS.5,000/- to the Respondent wife and Rs.2,000/- to the child. The Petitioner contends that the child is not his child and the marriage is a nullity. That aspect shall be considered upon evidence after the Petitioner proves his allegations. That aspect cannot be a factor to determine interim maintenance. [See Bijal Parag Dave Vs. Parag Labhashankar Dave AIR 1999 Bom 237]. 2. The Petitioner also contends that he does not earn the amount stated by the wife as his earning. The Respondent wife has claimed that the Petitioner earns Rs. 25,000/- in business of masala under the name of Arya Corporation having shops at Kalyan and Matunga. The Petitioner has denied his business of masala, the name of the business and his earnings. He has not stated what 2 (8) WP 5572/10 work he does and how much he earns. 3. The learned Judge has rightly accepted the income stated by the wife. 4. The amount of interim maintenance is reasonable and just. The impugned order does not need interference. 5. The Petition is dismissed. ( ROSHAN DALVI, J.)