IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2948 OF 2008 WRIT PETITION NO.2948 OF 2008 WRIT PETITION NO.2948 OF 2008 Shri Thomas Kutty ..Petitioner. V/s. Smt. Mabel Thomas ..Respondent. Mr.K.Babu Rajan for petitioner. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 17TH JUNE, 2008. DATED : 17TH JUNE, 2008. DATED : 17TH JUNE, 2008. P.C. :- P.C. :- P.C. :- 1. In a matrimonial petition filed by the petitioner-husband seeking restitution of conjugal rights, the Family Court, Pune on an application made by the respondent-wife passed an order on 31st August, 2007 directing the petitioner to pay interim maintenance at the rate of Rs.7,000/- per month from the date of application i.e. 6th January, 2007 till the hearing and final disposal of the main petition. Challenging the said order, the present petition is filed. 2. The grievance of the petitioner is that he is a small businessman carrying on the business of tyre puncture repair work in his shop and he earns approximately Rs.100/- per day from the above business. It is contended that as the respondent- wife herself has left the matrimonial home of her - = : 2 : = - own volition, the petitioner cannot be made to suffer by paying huge maintenance. It is submitted that one of the daughter of the petitioner who resides with the mother is earning Rs.7,000/- per month. In view of the meagre income earned by the petitioner, it is contended that the order passed by the Family Court is too harsh and is liable to be quashed and set aside. 3. On perusal of the impugned order, it is seen that the Family Court has ordered maintenance mainly on the ground that one of the daughter of the petitioner is studying in Engineering College and she is required to pay fees amounting to Rs.54,000/-. Petitioner being a father is duty bound to pay the fees of her daughter in pursuing her engineering studies. Looking to the fact that the respondent-wife is not earning and one of the daughters of the petitioner is studying in the Engineering College, the interim maintenance granted by the Family Court cannot be said to be unreasonable or arbitrary, so as to interfere in exercise of writ jurisdiction. 4. Accordingly, I see no merit in the petition. Petition is dismissed with no order as to costs. - = : 3 : = - (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)