sat 1 fca 110-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 110 OF 2011 Nandkishor Ramchandra Getale ...Appellant vs. Varsha Nandkishor Getale & Anr. ...Respondents Ms.Rohini M. Dandekar for the Appellant. CORAM : D.B. BHOSALE AND M.L. TAHALIYANI, JJ. SEPTEMBER 16, 2011 P.C :- 1 Heard learned Counsel for the appellant. 2 The appellant has impugned the judgment and order dated 7th February, 2011 passed by the Family Court in Petition No.A-1037/2009 by which the maintenance amount awarded in faovur of the minor children of the appellant has been enhanced to Rs.1500/- each to be paid from the date of the application i.e. 5th November, 2009. sat 2 fca 110-2011 3 The appellant and the mother of the respondents took divorce by mutual consent in October 2005, when an amount of maintenance to both the children at the rate of Rs.500/- each was settled. As the children are growing, the expenditure on their education and other requirements is also increasing everyday, they filed petition for enhancement of the maintenance. The Family Court after having taken into consideration the expenditure that the children are required to incur so also to meet their other requirements, enhanced the amount to Rs.1500/- each. Insofar as daughter is concerned, the appellant is directed to pay the said amount till she attains the age of majority. When the application was filed, she was 17 years old. 4 Ms.Dandekar, learned Counsel for the appellant submits that the appellant's salary is absolutely meagre and it is not possible for him to pay the enhanced amount of maintenance. The similar contention urged before the Family Court was rejected for reasons recorded in the impugned order. She further submits that an application of enhancement of maintenance was filed only to harass the appellant. 5 In our opinion, the submissions made by the learned Counsel for sat 3 fca 110-2011 the appellant deserves to be rejected outright. We have no doubt that the appellant has sufficient income to pay the maintenance to both the children without any difficulty. Even the maintenance at the rate of Rs.1500/- each per month to the children of 12 and 17 years, in our opinion, is not sufficient to meet further requirements. No case whatever is made out even for issuance of notice to the respondents. 6 Hence, the appeal is dismissed. (M.L. TAHALIYANI, J.) (D.B. BHOSALE, J.)\