1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4875 OF 2010 (Ghanshyam Yashwant Rangari vs. Kum. Apoorva Ghanshyam Rangari) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 13, 2010. Heard finally with the consent of Shri Joharapurkar, learned counsel for the petitioner and Shri Moon, learned counsel for the respondent. Respondent – a minor daughter sought interim maintenance only from the father. Trial Court after appreciation of material on record, has granted interim maintenance of Rs.7,000/- per month. The contention of Shri Joharapurkar, learned counsel for the petitioner – father before this Court is, mother is a Deputy Executive Engineer and she is duty bound to contribute for maintenance of daughter. According to him,, the Family Court has totally overlooked this aspect. He has invited attention to legal notices and applications as filed to show that at the most, monthly expenditure as demonstrated therein works out to Rs.1,400/-, hence grant of Rs.7,000/- per month is exorbitant. He has further stated that though the respondent – daughter is staying with mother and mother is also serving, the respondent has not sought any direction against her and 2 the amount of expenditure incurred by her has not been disclosed. Shri Moon, learned counsel for the respondent – daughter has contended that the amount awarded is reasonable. According to him, expenditure as disclosed is tentative and increases regularly. He further states that the mother of the respondent though working, is required to borrow for accommodation and the repayment of loan is essential. According to him, there are dependents on mother and hence the amount ordered by the Family Court as interim maintenance is required by the respondent from father. His contention is balance expenditure is being taken care of by the mother. After hearing respective counsel, I find that on the basis of break-up given by the respondent herself, at the most amount of Rs.1,400/- was required per month for her education. The said amount at the most can be taken to be Rs.2,000/- per month looking to the fact that she is studying in K.G. Class. The Family Court has awarded Rs.5,000/- more ignoring the fact that the mother is also entitled and liable to contribute to the maintenance of the daughter. The mother is stated to be working as Deputy Executive Engineer and hence her salary can also be not less than Rs.20,000/- per month. The respondent has not produced on record any salary certificate of her mother to show the total salary or then liabilities upon her. In this situation, interest of justice 3 can be met with by reducing the amount of maintenance from Rs.7,000/- per month to Rs.4,500/- per month. The respondent is given liberty to recover balance maintenance amount from her mother in accordance with law. The respondent is also at liberty to seek hike in this amount if circumstances warranting it arise. The petitioner shall deposit the arrears as early as possible and in any case by 31st December 2010. The impugned order passed below Exh. 5 on 13.07.2010 in Petition No. C-65/09 by Family Court No. 4, Nagpur is modified only to this extent. Writ Petition is thus partly allowed. However, there shall be no order as to costs. JUDGE *GS.