1 (1) WP 5302/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 5302 OF 2010 Gajanan Narayan Sainkar .. Petitioner Vs. Sharmila Gajanan Sainkar & Ors. .. Respondents Ms. Swapna Kode for the Petitioner. Mr. Pradeep M. Chitale for the Respondent. CORAM : MRS. ROSHAN DALVI, J. Date : 13th January, 2011 P.C. 1. The Petitioner husband has challenged the order of interim maintenance in Petition under Section 125 of the Code of Criminal Procedure filed by the wife. The Petitioner was salaried worker. He claims to be working as Stockyard Manager in Nikhil Automobiles. He claims that his earning as salary is Rs.4500/-. His salary slip was produced before the Family Court. He has not shown this salary slip to this Court. He took voluntary retirement. He received Rs.11 lacs. He has claimed that the entire amount of VRS has been depleted/used by him including Rs.2 lacs kept in Fixed Deposits for his children which he has himself stated in Para 10 of the Petition that he has withdrawn for the children’s day to day expenses and education. 2. He has however not paid the maintenance amount to his wife as well as children except Rs.23000/- out of the arrears of Rs.1,26,000/- due and payable. 2 (1) WP 5302/10 Considering the salary income, maintenance of Rs.2,000/- is granted to the wife, Rs.3,000/- to the minor daughter and Rs.2,000/- to the minor son totalling to Rs.7,000/- p.m. The amount of maintenance is moderate, reasonable, just and proper. There is no reason why for the Petitioner not to make arrangement for payment of the maintenance to his wife and children specially after getting his VRS from the firm where he has served. 3. Advocate for the Petitioner states that he works as driver now. Whatever the Petitioner has chosen to work as, maintenance amount is to be paid. There is absolutely no cause for interference. 4. Writ Petition is dismissed. ( ROSHAN DALVI, J.)