1 LPA176.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.176 OF 2011 IN WRIT PETITION NO.10335 OF 2010 KJ Priyadarshani Mitra )....Appellant Vs. Arunava Mitra )....Respondent ---- Mrs.Minakshi Surve for the appellant. ---- CORAM : P.B.MAJMUDAR & MRS.MRIDULA BHATKAR,JJ DATE : 12.7.2011 PC 1 This Letters Patent Appeal is filed against the order of the learned single Judge, dated 8.6.2011, passed in Writ Petition No.10335 of 2010. The challenge before the learned single Judge was the order of interim maintenance granted to the appellant and her children. It was fixed at Rs.50,000/-, which according to the appellant, is not adequate on the ground that husband’s income was more than Rs.8,50,000/-. It is required to be noted that this appeal is filed against the interim order in connection with the interim proceedings. Learned single Judge has also 2 LPA176.11.sxw observed in the order that the petition for maintenance is filed in 2009 which is riped for hearing. In our view, the maintenance petition is not required to be delayed for such a long time. Since this being inter- locutory order in the main maintenance petition, we would not like to interfere with the order of the learned single Judge in this Appeal. However, we direct the learned Judge of the Family Court, Mumbai, before whom the interim maintenance application is pending, to dispose of the said maintenance application at earliest and in any case before 31.10.2011 without fail. In case the maintenance application is delayed, it will be open for the appellant to apply for increase in the maintenance and if such proceeding is filed, the concerned Judge shall decide the same in accordance with law. Subject to above, LPA is disposed of. It is clarified that the observations of the learned single Judge may be treated as tentative in nature. (MRS.MRIDULA BHATKAR,J) (P.B.MAJMUDAR,J) 3 LPA176.11.sxw