1 wp-3446 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.3446 of 2010 Mrs.Jinal Arpan Doshi .. .. Petitioner v/s. Shri Arpan Bhupendra Doshi .. .. Respondent Mr.I.M. Kihairdi for Petitioner. Mr.Manoj Dalvi for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 7th October, 2010 P.C. : 1.Rule. Rule is made returnable forthwith. 2.There have been earlier interim as well as final proceedings. The marriage, which commenced on 7 th February 2003, failed in 2005. A suit for restitution of conjugal rights resulted in a decree. The suit for divorce by the husband resulted in dismissal. The restitution decree was not complied. Two such suits have been filed by both the parties for divorce. Interim amount of maintenance is now fixed by this Court at Rs.9,000/-. That is being paid. Upon such fixing, the Judge of the Family Court has not modified 2 wp-3446 the amount in a further Interim Application taken out in the second Divorce Petition. That is not only justifiable, but correct. Every now and then on the same state of facts, the parties cannot go on applying for enhancement and decrease of the maintenance. Interim maintenance is meant to be an amount to enable the wife to maintain herself pending the Petition. It has no bearing upon the precise status and property of the husband which would be considered at the time of final decree. Instead of agitating the Divorce Petition so that the final and permanent alimony can be granted, this Application is filed, which is counter-productive. There can be no modification of the impugned order passed by the Family Court. 3.The Writ Petition is dismissed. Rule is discharged accordingly. (SMT.ROSHAN DALVI, J.)