* 1 * W.P.4455.2011 9.11.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4455 OF 2011 Sau. Vijaya Jitendra Gaikwad .... Petitioner v/s. Shri. Jitendra Chandrakant Gaikwad .... Respondent * * * * * Ms. Tanya Dayal i/by. J. Shekhar & Co., Advocate for the petitioner. None for the respondent. CORAM :- Smt. R.P. SondurBaldota, J. 9th November, 2011. P.C. :- 1. This petition is for enhancement of the interim maintenance granted by the Family Court to the petitioner-wife. Notice of the petition has been served upon the respondent who is absent despite service of the notice. The petitioner claims to have left the house of the respondent in the year 2009 and is since staying in the womens hostel. She filed an application for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 and filed an application at Exhibit-5 for interim maintenance of Rs.15,000/-per month for herself and Rs.7,000/- per month for her two children alongwith litigation expenses of Rs.30,000/-. It was not disclosed in the application for maintenance that the two children have always been with the respondent. * 2 * W.P.4455.2011 9.11.2011 This fact was discovered by the Family Court during the course of arguments. The petitioner then admitted the fact that both the children have always been staying with the respondent. Thus the application by the petitioner seeking maintenance on behalf of the children was false to that extent. She could have sought maintenance only for herself alongwith litigation expenses. 2. The respondent owns several properties as also the shop and earns income therefrom. During the hearing of the application for interim maintenance and also before this Court, the petitioner admits that the properties referred to by her and the shop infact stands in the name of the father of the respondent and that there is no property standing in the name of the respondent. The learned counsel for the petitioner, submits that, the respondent is a shenai player and regularly performs at music concerts. He earns a sum of Rs.30,000/- to Rs.35,000/- per month from the performances. However, neither the petition nor the application for maintenance states any particulars as regards the alleged independent income of the respondent. There are serious allegations made in the petition that the respondent infact suffers from psychological problems and mental peace and that thrice he was admitted to mental hospital, Yerwada, Pune. Taking into consideration these allegations, in the absence of specific particulars in the petition and the application for interim maintenance it would be difficult to accept the bare word of the petitioner that the respondent earns a sum of Rs.30,000/- to Rs. * 3 * W.P.4455.2011 9.11.2011 35,000/- from music concerts. The Family Court on the basis of the evidence found that the income of Rs.30,000/- to Rs.35,000/- is the joint income of the respondent and his father. Therefore, the Family Court took the income of the respondent as of Rs.15,000/- per month and granted maintenance of Rs. 3,000/- per month to the petitioner and awarded litigation expenses of Rs. 7,000/-. I find no infirmity whatsoever in the order of interim maintenance passed by the Family Court. Besides, the petitioner will always have an opportunity to bring on record sufficient material during the course of trial for claiming enhanced maintenance. Hence, the petition is dismissed. [SMT. R.P. SONDURBALDOTA, J]