1 cr-wp-2382-09 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.W.P. NO. 2382 OF 2009 Shri. Anil Nivrutti Tupe ..Petitioner Vs. Mrs. Anita Anil Tupe and Anr. ..Respondents .... Mr. R.M.Pethe Adv. for petitioner Mr. J.G.Aradwad Reddy for Respondent no.1 Mr. S.A.Shaikh APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 13, 2010 P.C.: 1 Heard the learned advocate for the petitioner-husband, the learned advocate for the respondent nos.1 and 2 and learned APP for State. 2 Respondent no.1 is the wife of petitioner. The respondent no. 2 is the minor daughter of petitioner and respondent no.1. An application for grant of maintenance was preferred by respondent nos.1 and 2 before the Family Court No.5 Pune. Pending the main matter, the respondents also filed an application for interim maintenance. After 2 cr-wp-2382-09 hearing both sides, the Family Court allowed the application for interim maintenance and directed the petitioner to pay each of the respondents at the rate of Rs. 5000/- per month i.e. in all Rs.10,000/- per month from the date of the filing of the application i.e. 27.5.2008. 3 The learned advocate for the petitioner states that the said amount is excessive. The petitioner is a rickshaw driver. He has further pointed out that in the application for interim maintenance, the respondents have prayed for maintenance of Rs. 5000/- to both of them. He submitted that this means an amount of Rs.2500/- to each of them. In support of his contention, he has drawn my attention to prayer clause (d) of the said application wherein it is stated that the applicant nos. 1 and 2 should be granted maintenance in the sum of Rs.5000/-. The learned advocate for the petitioner stated that despite the said prayer of interim maintenance of Rs.5,000/- to both of them, the Family Court has granted interim maintenance in the sum of Rs. 5000/- to each of the respondents which was not the prayer of the respondents. However, the learned advocate for the respondents disputes this fact. He submitted that the prayer is for maintenance in the sum of Rs. 5000/- each. On perusal of the prayer clause, it shows that each of the applicants should be granted maintenance in the sum of Rs. 5000/-. 4 However, in view of the fact that the proceedings are pending 3 cr-wp-2382-09 before the Family Court, it would be open to both sides to lead evidence, however, looking to the above facts, I am inclined to stay the order granting interim maintenance of Rs. 5000/- to each of respondents on certain conditions. 5 The order granting maintenance to each of the respondents in the sum of Rs.5000/- is stayed on the condition that the petitioner deposits the arrears of maintenance from the date of the application i.e. from 27.5.2008 till 30.10.2010 calculated at the rate of Rs.3000/- per month i.e. Rs. 1500/- for each of the respondents within a period of eight weeks from today. For the month of November, 2010 onwards, they will continue to deposit before the trial Court before the 15th day of every month interim maintenance to both the respondents at the rate of Rs.2500/- for each of the respondents i.e. total amount of Rs.5,000/- per month. 6 Petition disposed of in above terms. [ SMT. V.K.TAHILRAMANI, J.]