mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8352 OF 2010 Surendra Shripati Wadikar ...Petitioner Vs. Sujata Surendra Wadikar ...Respondent Mr. H.S.S. Murthy a/w. Mr. T.M. Shetty for the Petitioner Mr. B.G. Vaidya for the Respondent CORAM : SMT. ROSHAN DALVI, J. DATED : 19TH NOVEMBER, 2010 P.C. : 1. The Petitioner husband has challenged the order of the Family Court, Mumbai dated 10th August 2010 granting maintenance of Rs.10,000/- to the Respondent wife. 2. The parties lived in the same house. The Petitioner contends that he cannot live with the Respondent. The Respondent has continued to live in her matrimonial home. The Respondent earns about Rs.20000/-. The Petitioner earns a little more Rs.1 lakh. 3. The learned Judge has considered the distinction in the earning capacity of the parties to essentially grant the maintenance of Rs.10,000/-. 4. The Petitioner contends that because the wife resides under the roof of Petitioner the amount must be reduced. However it is seen that the wife’s application for Rs.40,000/- only Rs.10,000/- is granted out of the Petitioner’s gross earning more than Rs.1 lakh and net earning of Rs.80,000/-. This itself levels the requirement of the residence, but also is required otherwise to be provided by the husband to his wife. 5. The impugned order does not require any interference. 6. The Writ Petition is dismissed. 7. The Petitioner of course shall be entitled to make any reasonable permanent offer of settlement to the wife which can be considered by the Family Court itself. (SMT. ROSHAN DALVI, J.)