:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 258 OF 2008 Mr.Sambhaji Maruti Nikam ...Petitioner Versus Sou.Urmila Sambhaji Nikam ....Respondents Mr.Dilip Bodake Adv. for the petitioner. Vishwajit V. Mohite Adv. for the respondent. CORAM: S.C.DHARMADHIKARI, J. 16th January, 2008. P.C. P.C. P.C. : : : 1. The petitioner is challenging an order passed by the Trial court awarding interim maintenance not to his wife but to the minor children. There is one son and one daughter, who are both minors and presently in the custody of the respondent wife. :2: :2: :2: 2. The Trial court has recorded that at no stage after the children are with the wife that the petitioner has come forward to bear their expenditure or meet any expenses. Nothing has been produced before the Trial Court to show that any attempt was made by the petitioner husband to pay maintenance for the children. In such circumstances, and considering his financial position the Trial court has awarded interim maintenance of Rs.5000/- per month to the son and daughter from 18.7.2006. 3. The petitioner husband was repeatedly asked as to how much he is willing to pay or deposit in the Trial court so as to consider his request for reduction in the quantum or for modification to the interim order. Mr.Bodake, after taking instructions from the petitioner husband who is present in court was unable to make any submission, save and except, stating that the petitioner would only deposit or pay Rs.3,000/- and that too directly for the education of the children. He would pay the fees for their education and incur incidental expenses. :3: :3: :3: 4. However, repeatedly questions were posed with regard to the quantum or atleast a reasonable sum be paid towards maintenance to the children. However, he is unwilling to make any statement in that behalf. Considering that the order is interim and that enough opportunity is available to the parties to apply for modification thereto, there is no necessity for interference under Article 227 of the Constitution of India. Petition dismissed. *******