1 CR.REVN.APLN.404.2010.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CRIMINAL JURISDICTION CRIMINAL REVISION APPLICATION NO.404 OF 2010 Sonia Anant Kadam & Anr. ...Applicants Vs. Mr. Anant Laxman Kadam ...Respondent Mr. M.S. Lad, Advocate for the Applicants Mr. Dhananjay C. Pathak, Advocate for the Respondent CORAM : SMT. ROSHAN DALVI, J. DATED : 29TH JUNE, 2011 P.C. : 1. The Petitioner wife has applied for enhancement of the order of maintenance in Petition. She challenges the order of maintenance already passed. Maintenance is granted for the children and not for her. She is serving in the MMC. The boy child has been granted Rs. 5000/- and girl child has been granted Rs.6500/-. The husband has not even paid the maintenance as already directed to be paid. The Petitioner wife contends that the arrears run up by the husband is to the extent of Rs.2.43 lakhs. The husband claims that the arrears are to the extent of Rs.1.90 lakhs. The husband is in arrears of maintenance. He cannot even be heard in any matter including this Petition. 2. However Advocate on behalf of the husband upon instructions from the husband states that the wife and children live in the matrimonial home, which is a 2 bed room apartment. The husband offers to sell that apartment and to procure for his wife and children in their joint 2 CR.REVN.APLN.404.2010.sxw names one bedroom apartment. He would take the remainder. This is a reasonable offer for alternate accommodation. This should put an end to the entire dispute. It would give the wife and children title to the property. The husband would of course pay off the entire arrears of maintenance. 3. The wife has not withdrawn Rs.2 lakhs deposited by the husband so far. She would be entitled to withdraw that amount for the maintenance of her children. This shows that the wife does not need even the amount ordered to be paid to strictly support her children. However the husband must support his own children also and hence the order of maintenance already passed, which is not yet challenged by the husband, must be obeyed by him. 4. Under these circumstances no case for enhancement of the maintenance in this Petition is made out. The wife may consider the offer of alternate accommodation of the husband for her own security. That residence would be a part of the maintenance to be given by the husband. From the maintenance already ordered that would constitute further support for the wife so that she would not need to provide for her accommodation or the accommodation for her children. 5. The wife shall be entitled to withdraw the amount already deposited. 6. The husband shall pay up all the arrears and continue to pay the maintenance as directed. 7. Upon these directions the Criminal revision Application is disposed off. (SMT. ROSHAN DALVI, J.)