IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 8417 OF 2008 WRIT PETITION NO. 8417 OF 2008 WRIT PETITION NO. 8417 OF 2008 Shri Dhananjay Ankush Malgaonkar. ... Petitioner. V/s. Smt.Manasi Dhananjay Malgaonkar. ... Respondent. Ms.Shraddha Mohite for the petitioner. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 23rd January 2009. DATED: 23rd January 2009. DATED: 23rd January 2009. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the petitioner. Perused record. 2. This petition filed under Article 227 of the Constitution of India is directed against the order dated 29th April, 2008 passed by the Family Court, Mumbai whereby the respondent-wife has been awarded maintenance of Rs.3,000/- per month by way of interim maintenance from the date of application. 3. Having seen the substantive petition together with interim application followed by the impugned order, no fault can be found with the view taken. The respondent- wife has made out a case of assault and reasonable apprehension warranting her stay separate from her husband. So far as petitioner- husband is concerned, he is an able bodied person. He is said to be plying taxi. His income may be fluctuating, but that itself cannot be a ground to deny maintenance to a wife. He is very much liable to maintain his wife. He is residing in a house owned by his father. He is not required to pay rent. The quantum determined by the Family Court cannot be said to be unreasonable. 4. Taking overall view of the matter, no fault can be found with the impugned order. The view taken is a reasonable and possible view. Petition is, therefore, dismissed in liming with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)