1 wp9338-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPLICATION JURISDICTION Writ Petition No.9338 of 2010 Rakesh Hindurao Mane .. Petitioner v/s. Aparna Rakesh Mane ..Respondent Mr. S.J. Ghogare for the petitioner Mr. Ashok B. Tajane for the respondent CORAM : R.Y.GANOO, J. DATED : 28th March, 2011 P.C. : 1. The respondent has filed application for maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956 in the Family Court at Pune being Application No. PE No.34 of 2000. In the said application the respondent filed application for interim maintenance. The said application at Exhibit 5 has been decided by the learned Judge of the Family Court by Order dated 13.10.2010. The learned Judge of the Family Court has directed the petitioner to pay to the respondent Rs.40,000/- per month by way of maintenance w.e.f. 27.7.2009. 2 wp9338-10.sxw 2. I have heard learned Counsels on both sides. It was sought to be argued by the learned Counsel for the petitioner that the respondent is BAMS and she is qualified to practice as a Medical Practitioner. This aspect has been considered. According to the learned Counsel for the petitioner, she has substantial earnings. There is no specific material placed before the Court as regards the income of the respondent. At the same time, the learned Judge of the Family Court has observed that the petitioner is earning sum of Rs.10,000/-. The learned Judge of the Family Court has accepted the income of the petitioner at the rate of Rs.2,50,000/- p.m., which amount is arrived at after converting Rs.7300/- Singapore Dollars. The learned Counsel for the petitioner pointed out that the Order of maintenance at the rate of Rs. 40,000/- is on higher side. 3. The learned Judge of the Family Court while passing the impugned order, has in my view considered the income of both the sides and has arrived at the figure of Rs.40,000/-as maintenance. If the husband is earning Rs.2,50,000/- per month, one cannot over look the fact that out of the monthly earning, some amount is bound to get saved out of the earning and he will surely get some interest on the 3 wp9338-10.sxw said saving, which is bound to be the income of the petitioner. Taking into consideration this aspect of the matter, the sum of Rs. 40,000/- fixed by the learned Judge, as the interim maintenance, pending disposal of the main application is proper. In view of the above, no interference is required in the above order. Hence the following order is passed to dispose of the petition at the stage of admission. ORDER Petition is dismissed. There shall be no order as to costs. [R.Y.GANOO, J.]