-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.9396 of 2007 Pandurang Dadu Kamble ..Petitioner vs. Sou.Manisha Pandurang Kamble ..Respondent Shri P.D.Dalvi for petitioner. Shri P.J.Pawar for respondent. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 29th February, 2008 29th February, 2008 29th February, 2008 P.C. P.C. P.C. 1. This writ petition is directed against the order passed by the Trial Court refusing to recall and review the order of interim maintenance dated 27th July, 2006. 2. The submission of Shri Dalvi is that the petitioner is of 65 years of age, retired and survives on a meagre pension. Therefore, directing to pay him Rs.2000/- per month was not just, fair and proper. The Trial Court should also have considered the fact that the respondent is remarried and, therefore, does not require any sum for her maintenance. 3. I have perused the impugned order with the assistance of Shri Dalvi and Shri Pawar. In -2- paras 7 and 8 the Trial Court has observed that prima facie there is no material to indicate that the wife has remarried. Further, there is a proof of marriage between the petitioner and respondent prima facie. Further, prima facie conclusion is that the respondent/wife has no source of income. On the other hand, in para 8 the details of the income of the petitioner have been set out and based upon that a sum of Rs.2000/- is directed to be paid. 4. In review, the petitioner could not place any material by which the Trial Court could modify the order or vacate the same. 5. In my view, this is not a court of further appeal and at this prima facie stage when the order of maintenance is based on some material this Court should not interfere, more so, when the pleas raised touch the merits of the controversy. The writ petition is, therefore, devoid of any merits and is accordingly dismissed. The respondent is allowed to withdraw the sum of Rs.15000/- which has been deposited in the Trial Court. -3- (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)