1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION dgm WRIT PETITION NO.4041 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Niwas Kamble i/b.Mr.A.M.Saraogi for the petitioner. Mr.Hitesh P.Vyas for the respondent. CORAM : R.V. MORE, J. DATED : 31.07.2008 P.C. Heard the learned counsel for the respective parties. By the impugned order, the Family Court granted an amount of Rs.6,000/- to the respondent towards interim maintenance to each minor child at the rate of Rs.3,000/- per month from the date of application. The learned counsel for the petitioner submits that he has to maintain his old ailing parents. He 2 has also submitted hospital bills in order to show that he is spending substantial money for treatment of his parents. He further submits that in view of above, amount of Rs.6000/- is excessive. The petitioner is a Chartered Accountant by profession. The income tax return for the year 2006-07 shows that his income for that year was Rs.1,74,386/-. Perusal of the bills reveal that the petitioner is spending lacs of rupees towards expenses for his ailing parents. If that be so, I am of the opinion, the income tax returns does not show the correct financial position of the petitioner. In any case the amount of Rs.6000/- by way of interim maintenance to the children, in my considered view, is not excessive. It is also worth to mention that family court did not award any interim maintenance to wife. The petitioner cannot run away from the 3 responsibility of maintaining the minor children. In that view of the matter, I do not find any fault in the impugned order so as to enable me to interfere in the impugned order in my jurisdiction under Article 227 of the Constitution of India. The petition is devoid of any merit and the same is accordingly dismissed. [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]