1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.226 OF 2008 IN FAMILY COURT APPEAL NO.83 OF 2008 Mrs.Hemlata N. Vispute ....Applicant V/s. Mr.Nimaraj P. Vispute ....Respondent Mr.Sanjay Kshirsagar for the Applicant. Respondent in person present. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 25TH JUNE, 2009. P.C. : 1. Heard Mr.Kshirsagar, the learned counsel for the Applicant. The Respondent appears as party in person and has filed an affidavit in reply opposing this application for maintenance. The Applicant – wife prays for grant of Rs.25,000/-, as an interim maintenance under Section 24 of the Hindu Marriage Act pending Family Court Appeal No.83 of 2008 which she has filed. 2. The parties were married on 10.5.1979 and begot three children. The eldest daughter Dhanashree is married, whereas the younger daughter Chetashree born on 5.7.1983, though has 2 completed her B.E., she is unemployed as of now. The younger child (son) Sourabha has attained majority and is still a student. The Applicant and two younger children are staying in Flat No.9, Runwal Regency, Kothrud, Pune, whereas the Respondent is staying at Flat No.15-B, Swami Samartha Cooperative Housing Society,d Pashan, Pune. The parties have been staying separately from last about four years. The Applicant – wife had filed a Petition for judicial separation before the Family Court at Pune and the same came to be dismissed on 19.2.2008. The said order is under challenge in Family Court Appeal No.83 of 2008. 3. Rule was granted in this Application on 6.8.2008 and by subsequent order dated 18.9.2008, by way of an ad-interim order, we allowed the Applicant – wife to rent out Flat No.12, Preetam Apartments, Kothrud, Pune on leave and licence basis and admittedly she is getting Rs.4000/- per month by way of the rental compensation from the said flat as of now. The Respondent had deposited Rs.20,000/- which was allowed to be withdrawn by the Applicant. 4. It appears that the Family Court had granted by way of interim maintenance Rs.1500/- per month for the Applicant – wife. It is contended by the Respondent that there are investments in terms of the fixed deposits made in the name of the Applicant and on their maturity she can have sufficient funds. He further states that as at present he is under suspension facing trial under the 3 Prevention of Corruption Act, 1988 and he gets the subsistence allowance of Rs.12,000/- per month, in addition he is in receipt of an amount of Rs.12,000/- by way of rental compensation in respect of the second flat he owns in Swami Samarth Co-operative Housing Society, Pashan, Pune. 5. It is the contention of Mr.Kshirsagar that the Respondent has some more properties/residential flats and derives more rental compensation than Rs.12,000/-. Mr.Kshirsagar has also placed reliance on an affidavit filed by the Respondent and pointed out that the Respondent pays income tax at Rs.90,000/- per year and therefore, he submitted that in addition to his salary/subsistence allowance, he has other income which is surely much higher. On the other hand, the Respondent’s case is that his monthly expenses are beyond Rs.33,000/- and therefore,it would be beyond his financial capacity to pay any maintenance amount. However, he has not disclosed how he meets the deficit of Rs.9500/- per month except the vague statement that he is borrowing money by way of hand loan. He also claims that his assets have diminished. 6. Though the Applicant – wife is supporting her children i.e. daughter Chetashree and son Sourabh, the son is not entitled to claim maintenance as he has attained majority ( He is born in the year 1987). Even in this affidavit, the Respondent has not made any averment that the daughter Chetashree is employed and she is financially independent. He has also not denied that beyond the 4 rental compensation, the wife has no other financial source to support herself and two children. She has continued to occupy flat No.9, Runwal Regency, Kothrud, Pune and therefore, she is not required to spend anything for the residence except to pay the outgoings for the said properties. She has further pointed out that she has to spend money for the education of two younger children. It is her case that the Respondent has fixed deposits of about Rs. 14.00 lacs. She also contends that she needs to spend a considerable amount for her medical expenses. 7. Even if we consider the admitted income of the husband, it would be appropriated to grant an amount of Rs.6000/- per month to be paid to the Applicant - wife by way of interim maintenance by the Respondent in addition to the rental compensation she presently receives and we hereby order accordingly. 8. Rule is made absolute in terms of the same directions. This amount of Rs.6000/- per month shall be payable from the date of this application i.e. from August, 2008. Arrears of interim maintenance shall be paid by transfer in her bank account or by a demand draft, within four weeks from today. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)