-: 1 :- wp-6860/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6860 OF 2009 Geeta @ Harshita Satish Gupta. ..Petitioner. Versus Satish D. Gupta. ..Respondent Mr. Bharat Vaishnawa for the petitioner. Mr. V. G. Parekh a/w Mr. Dinesh S. Shah for the respondent. ALONGWITH WRIT PETITION NO. 5141 OF 2009 Satish D. Gupta. ..Petitioner. Versus Geeta @ Harshita Satish Gupta. ..Respondent. Coram : R. V. MORE, J. Date : July 21, 2010. P. C. : 1. Writ Petition No. 6860 of 2009 is filed by the wife and Writ Petition No. 5141 of 2009 is filed by the husband. Both the petitions challenge the order dated 2nd April 2009 passed by the Family Court, Mumbai at Bandra in Interim Application No. 90 of 2007 (Exhibit-10) in Petition No. A-1591 of 2005. The wife has filed the said Petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights. In the said petition, she filed an application under section 24 of the said Act srp -: 2 :- wp-6860/10 for interim alimony. By the impugned order, learned Judge of the Family Court has granted interim alimony at the rate of Rs.6,000/- per month to the wife from the date of application. Wife as well as husband, being aggrieved by the said order, have filed aforesaid two separate petitions. 2. The learned Judge of Family Court, on the basis of documents produced and relied upon by the wife at Exhibit-14, fixed the maintenance at Rs.6,000/-per month. The Court has also considered the Income Tax Return of the husband for the year 2002-2003 in which income of the husband is shown as Rs.1,26,457/-. Taking into consideration the movable and immovable properties in possession of the family of husband and the income derived from those properties, the Family Court has fixed the aforesaid amount of maintenance. The Family Court has also taken into consideration the financial capacity, need and status of the parties. In these circumstances, I do not find any merit in both the petitions and same are accordingly dismissed. 2. It is clarified that the Family Court shall decide the main petition independently, on its own merits and without being influenced by the observations made in the impugned order as well as in this order. (R.V. MORE, J.)