1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7925 OF 2008 Jagdish Kanayalal Jethwani ... Petitioner v/s Neelam Jagdish Jethwani @ Neelam Baldev Chhabria ... Respondent Mr.A.G.Toraskar for the petitioner. Mr.Ravi Prakash for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 10TH JULY, 2009 P.C.: 1. The petitioner is aggrieved by the order passed on 21.7.2008 by the Family Court directing the payment of maintenance at the rate of Rs.5000/- per month. The contention of the petitioner is that the respondent herein is earning and, therefore, she need not be paid any interim maintenance. The Trial Court has observed that the fact that the 2 respondent was working as a lecturer in Wadia College, Pune, for some period was not disputed by her. However, she is jobless at present. The Court has also observed that the petitioner had stated that the respondent was earning through freelancing in magazines. The Court has concluded that there was no reliable material on record produced by the petitioner to indicate that the respondent was in fact earning any amount as a freelancer. The Court has then considered the financial capacity of the petitioner and has held that the amount of Rs.5000/- would be the appropriate amount for interim maintenance to be paid to the respondent. 3. In my view, there is no need to interfere in the order passed by the Trial Court. 4. Writ petition rejected. 5. The petition pending before the Trial Court is expedited. 6. The amount deposited by the petitioner may be withdrawn by the respondent. ..... 3