1 (2) WP 2002/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk WRIT PETITION NO. 2002 OF 2009 Aaquil Valimuhammad Mulla .. Petitioner Vs. Ms. Sultan Shaikh & Anr. .. Respondents Mr. Nitin Vatkar i/b Mr. G. S. Hiranandani for the Petitioner. Ms. Seema Singh for Respondent No.1. CORAM : MRS. ROSHAN DALVI, J. Date : 1st February, 2011 P.C. 1. The Petitioner husband has challenged the order of maintenance passed by the Family Court, Bandra, Mumbai on 16th July, 2009 granting Rs.15,000/- as interim maintenance to the wife. This order has come to be passed essentially upon the salary of the Petitioner. The salary certificate of the Petitioner of March, 2009 shows gross pay of Rs.50,709/- and his net pay of Rs. 42,984/-. The net pay is derived after the deductions inter alia of a certain maintenance allowance of Rs. 4,500/-. The Petitioner’s Advocate has not been able to state why that deduction has been made. He relies upon only the net figure of the Petitioner’s salary. 2. The parties married in 2005. The wife has left the matrimonial home on 19.08.2008. Thereafter the Petitioner has obtained the housing loan for purchase of a new flat. That was purchased in the name of his second wife. The Petitioner claims to have divorced the Respondent wife by Talaq. Whether Talaq given by the Petitioner has been validly given would have to be 2 (2) WP 2002/09 adjudged as per the judgment of the full Bench of this Court in the case of Dagdu Vs. Rahimbi Dagdu Pathan & Ors. II (2002) DMC 315. The parameters of the maintenance amount to be granted would be dependent upon the proof of such Talaq because only upon such proof the wife’s right to maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986 would come into play. Until that time the wife’s application under Section 125 of the Code of Criminal Procedure would be maintainable and will have to be considered. 3. The learned Judge has considered essentially the grant of maintenance upon the net salary of the husband. The learned Judge has observed that the net salary is between 40,000/- and 45,000/-. The observation is correct based upon the document of the Petitioner himself. 4. The mother of the Petitioner is stated to be having her own property and accordingly her own income. She is stated to be having a residential premises as well as restaurant. She is, therefore, not dependent upon the Petitioner husband. The Petitioner husband has another brother who would be not dependent upon him. He has chosen to remarry and has one child whom he is required to maintain pursuant to his marriage upon his volition. 5. The amount of interim maintenance of Rs. 15,000/- from the net salary of Rs.42,000/- is reasonable and proper. It does not require to be interfered with. Writ Petition is dismissed. ( ROSHAN DALVI, J.)