1 wp-4361 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.4361 of 2010 Mrs.Shanta Saha ... ... Petitioner v/s. Dr.Prabir Kumar Saha & ors. ... Respondents Mrs.Anjali Helekar for Petitioner. None for Respondents. Respondent absent despite service. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 2nd February 2011 P.C. : 1.The Petitioner/wife has been granted maintenance of Rs. 5,000/- for the minor daughter and Rs.2,000/- for herself as interim maintenance pending the application for maintenance filed by her. That application has to be heard on merits. The Petitioner has to make out her case. She has to file her affidavit of examination-in- chief as also the documents. Pending such a petition, the Petitioner applied for enhancement of the maintenance amount granted. The learned Judge has passed an order that the application will be kept along with the main petition. The order does not suffer from any infirmity. It does not deserve to be interfered with. Applications after applications cannot be heard as interim applications by the trial Court. Each time 2 wp-4361 the husband gets promotion, modification of orders cannot be sought. It is for parties to get themselves prepared for the final hearing. It is for parties to show the Court that they are prepared so that their applications for final hearing can be taken up. It would be a travesty of justice to take out several applications and allow the main petition not to be heard. 2.The Respondent/husband in this case is an Associate Professor at the IIT, Guwahati. He is stated to be earning Rs.70,000/- at present. The order of interim maintenance has considered his pay at the relevant time which was Rs.40,000/-. It is only at the final hearing that the complete evidence will be considered. 3.The Petitioner has sought to rely upon the salary certificate of the Respondent because the Respondent has failed to produce the same. The Petitioner is entitled to rely upon the same. She has to have it produced from the IIT. She also applied in the said application that the IIT, Guwahati, be directed to produce the salary statement for a certain period. That prayer has not been granted. That prayer would deserve to be granted so that the Petition becomes ripe for hearing. 3 wp-4361 4.Hence notice shall be issued upon the Registrar, IIT, Guwahati to produce before the Family Court the salary statement of the Respondent for the last three months from the date of the notice. 5.The notice shall be returnable on 1st March 2011 in the Family Court. 6.The Registrar, IIT, Guwahati, shall be entitled to transmit the salary certificate to the Family Court in Petition No.C-192/2006 addressed to the Registrar of the Family Court, Mumbai. The transmission shall be made before 1st March 2011. The Petitioner s Advocate shall notify this order as well as have the notice issued accordingly upon the Registrar, IIT, Guwahati. 7.The Petitioner shall apply to the learned Judge, Family Court, Mumbai, for taking up her application after she is ready with her evidence. 8.With these directions, the Writ Petition stands dismissed. 9.The notice of this petition issued upon the Respondent by Registered Post along with its acknowledgment is kept on record. (SMT.ROSHAN DALVI, J.) 4 wp-4361