1 wp-4951 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.4951 of 2010 Ajitkumar Lalal Sharma ... ... Petitioner (Orig. Respondent) v/s. Rajani Ajitkumar Sharma ... ... Respondent (Orig. Petitioner) Mr.V.S. Kapse for Petitioner. Mr.Ashok G. Toraskar for Respondent. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 17th February 2011 P.C. : 1.The Petitioner/husband has challenged the order of interim maintenance granted by the Family Court on 12th May 2010. The parties have been at dispute since 2005. An earlier order of maintenance of Rs.10,000/- was passed in 2007 as an interim maintenance in an application taken out by the wife in the petition for divorce filed by the husband. That petition came to be dismissed. Thereafter the wife filed the petition under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (HAMA) for maintenance. After three years, the learned Judge, upon considering all the facts, passed an order of interim maintenance of Rs.12,000/-. After a period of three years, the interim application, which has been considered, is of Rs.2,000/- more than the 2 wp-4951 previous interim application which order has not been challenged. In fact, this is inconsonance with the usual rate of inflation which would govern all parties. That order has not also been followed. The husband is admittedly in arrears for the last entire year. The learned Judge has considered the case of the wife, showing various properties of the husband, his bank accounts, credit cards, vehicles, income-tax assessments, T.V. Serials directed by him, etc. 2.The learned Judge has also considered the husband s case that he has no source of income. He is admittedly a Director of T.V. films. He has houses in Patna. He also has houses in Mumbai. They are stated to have been sold. He admitted that he owns credit cards as well as two vehicles. He also admitted that he was an income- tax assessee and in fact, relied upon his income-tax returns. His reliance is upon the returns from the year 2007. That was well after the dispute. His returns show presumably the less amount than the amount shown in his returns of earlier years. The learned Judge has considered that he is the income-tax assessee. From his defence, the learned Judge has also considered that certain T.V. Serials are directed by him. He claims in his written statement that he did not earn as much as his wife alleged that he earned. Whereas his wife alleged that he earns Rs.1.5 Lakh per episode, he 3 wp-4951 claimed that he earns Rs.6,000/-, which has not been substantiated by him. He claims that he has not directed any Serial for one and half years. His income- tax returns show that he earns Rs.1.36 Lakh per annum which also the learned Judge has considered. The learned Judge has taken a holistic view of the properties of the Petitioner, all his income as well as luxuries. The learned Judge has further considered his various properties in Patna and has correctly appreciated that the wife, being from a weaker section, could not produce the documents from that place. 3.Counsel on behalf of the husband contended that the learned Judge has stated that the husband has not filed his say. That is because the husband has not filed a separate say to the interim application. He has filed his written statement which has been considered. Of course, the husband need not file a separate say if his written statement has been filed. This is required to be considered by the Court which, from a reading of the order, is implicitly clear that the Court has considered. 4.The Writ Petition is without merit and is, therefore, dismissed. (SMT.ROSHAN DALVI, J.) 4 wp-4951