1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 208 OF 2009 IN FCA/161/2009 WITH CIVIL APPLICATION NO.250 OF 2009 IN FCA/43/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Ms.Susam Abraham with Ms T Parakkadan, for the applicant-wife. Mr S.FRego i/b N.J.D. Monte for respondent-husbandin Cam 208/09 and applicant in CAM 250/09. CORAM: D.B.BHOSALE AND R.Y.GANOO, JJ. DATE : 22/01/2010 PC: Heard learned counsel for the parties. By the Civil Application No.208 of 2009, the applicant-wife is seeking maintenance for herself and enhancement of the maintenance awarded to the minor child. By the impugned judgment, the Family Court had directed the respondent-husband to pay Rs.5000/- per month to the minor child. We have perused the application so also the reply affidavit filed by the respondent-husband. The applicant-wife T 2 in paragraph 8 of the application, has stated that the child is now in the 10th standard and Rs.5000/- per month are insufficient to meet the cost of his education. In reply affidavit, the respondent-husband has admitted that his salary is 1200 Dirhams per month, which is equivalent to Rs.13,000/- per month. In support thereof, he has placed the salary certificate issued by his employer. The certificate was issued more than a year ago. Having regard to overall facts and circumstances of the case, when we asked Mr Rego, learned counsel for the respondent-husband, whether the respondent is prepared to pay some more amount to the child, on instructions, he fairly stated that the respondent-husband is prepared to pay Rs.8000/- per month. His statement is accepted. Insofar as the prayer for maintenance to the applicant-wife is concerned, having regard to the income of the husband, at this stage, we are not 3 inclined to grant the prayer. Hence, we dispose of the first civil application by the following order. The respondent-husband shall pay Rs.8000/- per month to the minor child with effect from July, 2009. He is directed to clear the arrears within a period of eight weeks from today and shall continue to pay monthly maintenance at the rate of Rs.8000/- from February, 2010. Insofar as the prayer (a) in Civil Application No.250 of 2009 is concerned, it is rejected in view of the order passed in Civil Application No.208 of 2009. Insofar as the prayer (b) is concerned, we are not inclined to entertain this prayer at this stage since admittedly the applicant-husband is presently living in Dubai. Hence, this application is rejected. Liberty to the applicant-husband to apply for access of the child atleast eight weeks in advance before he decides to 4 come in India. With these observations, both the civil applications are disposed of. (R.Y.GANOO, J.) (D.B.BHOSALE, J.) 5