1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.982 OF 2009 IN FIRST APPEAL NO.1422 OF 2008 SAU.VAIDEHI SACHIN AHIRRAO ..VS.. SACHIN SUBHASH AHIRRAO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.C.Madkholkar, Advocate for Appellant. Shri A.V.Khare, Advocate for Respondent. CORAM : S.A.BOBDE & P.D.KODE, JJ. DATE : MAY 06, 2010 . 1. Heard Shri Madkholkar, learned counsel for the appellant. The learned counsel submits that the appellant, a divorcee wife, though qualified as Dental Surgeon, has no source of income. She is thus, forced to live at the mercy of her mother, who receives a pension. The learned counsel admits that the respondent-husband Sachin is paying maintenance of a sum of Rs.Five Thousand for their child, which is, however, not meant for mother i.e. Vaidehi. He, therefore, seeks order for maintenance pending appeal. 2. Shri Khare, learned counsel for the respondent- husband accepts that the respondent's income is Rs.Eighteen Thousand per month and he is already paying Rs.Five Thousand per month for the maintenance of child and he may, therefore, not be called upon to pay any further maintenance, particularly, since the appellant is living with her mother. 2 3. It is not possible to accept the submission made on behalf of the respondent-husband. Whatever may be the findings about the conduct of the parties, the divorcee wife, if without any means, is entitled to maintenance to keep body and soul together. 4. Having regard to the circumstances of the case, we consider it appropriate to direct the respondent to pay a sum of Rs.Two Thousand Five Hundred per month as maintenance to the wife (Smt. Vaidehi) in addition to maintenance of Rs.Five Thousand already granted to the child. Further we direct the respondent-husband to pay a sum of Rs.Five Thousand towards litigation expenses. 5. It is made clear that the amount of Rs. Twenty Five Thousand, deposited by the respondent-husband, in this Court and admittedly withdrawn by the appellant, shall be adjusted towards the amount payable under the present order. The application is disposed of accordingly. JUDGE JUDGE RR..