* 1 * WP-5385-2011 17. Nov.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5385 OF 2011 Smt. Deepa Jagrut Shah ..... Petitioner V/S. Shri. Jagrut Vinod Shah ..... Respondent * * * * * Mr. Jaydev Trivedi, Advocate for the petitioner. Mr. Hemang Amar Jariwala i/by. M/s. Auroma Law, Advocate for the respondent. CORAM :- Smt. R.P. SondurBaldota, J. 17 November, 2011. P.C. :- 1. Rule. Rule, made returnable forthwith. By consent, taken up for hearing immediately. 2. This petition is for enhancement of the amount of interim maintenance awarded by the Family Court to the petitioner. The petitioner was married to the respondent on 11th May, 2006. Thereafter, both started residing with the parents of the respondent in their house. Apparently, differences arose within the family a short time after the marriage. On 5th July, 2009 the parents of the respondent asked the respondent and the petitioner to leave their house. Thereafter, both shifted to the house of the parents of the * 2 * WP-5385-2011 17. Nov.2011 petitioner. In the second week of August, 2009 the respondent left that house. Thereafter, in the month of March, 2010 the petitioner filed petition for restitution of conjugal rights in the Family Court and applied for interim maintenance. 3. The petitioner had demanded a sum of Rs.20,000/- as interim maintenance contending that she was required to pay a sum of Rs.13,000/- towards residential accommodation, Rs.3,000/- towards food and Rs.2,000/- towards clothing, travelling and medicines. She sought Rs.1,000/- towards the litigation expenses. According to the petitioner, the respondent is dealing in chemical business and is a big supplier in chemical market at Masjid Bunder earning Rs.35,000/- to Rs.40,000/- per month. She alleges that he has always been secretive about his earnings and had not even disclosed his bank account to her. The respondent refuted the allegations as regards his occupation and income in his written statement, as well as, in the affidavit- in-reply filed to the application for interim maintenance. He states that he has studied up to 12th standard, but failed to clear the final examination for the 12th standard. He was helping his father in his brokerage business in chemical market. According to him, the petitioner was made aware of his middle class financial status at the time of the marriage itself. The respondent contends that he is working as an accounts clerk in a private club in Mumbai on the monthly salary ranging between Rs.5,500/- to Rs.6,000/- * 3 * WP-5385-2011 17. Nov.2011 depending upon the work output by him. He produced his salary certificate from Shri Krishna Hindu Merchants Club, Chowpatty, Mumbai stating that he is employed as an Accounts clerk with the Club on the monthly salary of Rs.6,600/-. The petitioner, though alleged in her petition and the application that the respondent has been earning about Rs.40,000/- per month from the chemical business, was unable to produce any evidence in support of the same. Therefore, the Family Court accepted the contention of the respondent and awarded maintenance of Rs.2,000/- per month to her. Even before this Court, the petitioner has not produced any material whatsoever in support of her allegation that the respondent carries on business in chemicals and earns about Rs.40,000/- per month. Therefore, no fault can be found with the order of the Family Court awarding maintenance of Rs.2,000/- per month to her. The petition is dismissed. [SMT. R.P. SONDURBALDOTA, J]