1 Cri-Rev-Appln-458 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Revision Application No.458 of 2010 Mr.Asif Ahmed Ismail Kazi .. .. Applicant v/s. 1.State of Mah. & anr. .. .. Respondents Mr.Sandeep Dere with Mr.I.A.Khan & Mr.Taranmum Shabbir Ahmed for Applicant. None for Res.No.1-State. Mr.Satyavrat Joshi for Res.No.2. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 6th December, 2010 P.C. : 1.The Applicant/husband has challenged the impugned order granting interim maintenance to his wife by the Family Court, Mumbai on 6th August 2010. The wife has been granted Rs.4,000/- per month as interim maintenance. The husband contended that he had divorced her. The wife stated that she was prepared to reside with him. The divorce of the husband has to be proved at trial. In the meantime, the learned Judge correctly considered that the husband had failed, refused and neglected to maintain his wife. 2 Cri-Rev-Appln-458 2.The husband admittedly earned in Riyadh. He claims to have resigned after the marriage between the parties broke down. The copy of the resignation letter is not produced. Only one fax received from his office claiming that his resignation is accepted and that his last working day would be 15th September 2009 is produced. That would be in or around the time that the Applicant himself filed the Petition for divorce. Such a fax cannot be accepted as correct. Any one from the husband s office could have dispatched such a fax to the husband. The resignation also shall have to be considered at the stage of trial. 3.The husband has produced his passport, showing that he returned to India on 18th October 2009 and has not returned to the Middle East for his employment. 4.He claims to be an agriculturist. 5.The husband claims that he earns far less than his wife. The learned Judge saw the entries in his passbook. There are several entries of the years 2003 and 2006 show thousand of rupees in his bank account. He was, therefore, earning at least as well as his wife had stated. The exact earnings may be proved by either of the parties at the trial. 3 Cri-Rev-Appln-458 6.The husband claims that after he returned to India, such entries would not be in his account. In order to show that he has produced a new passbook of his bank account showing entries from November 2008. The entries are transfer of interest of Rs.791/- with further paltry interest credited to the account of Rs. 7/- and Rs.14/- which is credited thrice. The entries between March 2006 and November 2008 are not produced. The application lacks bona fides. 7.The impugned order is correct and does not deserve to be interfered with. The husband s application for reduction of the amount, which cannot be even be made in this Court directly, is seen to be without bona fides. 8.The application is dismissed. (SMT.ROSHAN DALVI, J.)