-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.4983 OF 2007 APPLICATION NO.4983 OF 2007 APPLICATION NO.4983 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.987 OF 2007 APPEAL NO.987 OF 2007 APPEAL NO.987 OF 2007 Mrs.Hema Vishwanath & Anr. ...Applicants vs. Vishwanath Sambamoorthy ...Respondent Mr.Mandar Limaye for the Applicants Mr.Vishwanath Sambamoorthy-in-person present. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 14, 2008. : MARCH 14, 2008. : MARCH 14, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicants and the Respondent appearing in person. On the last two dates, the application was adjourned to enable the parties to explore the possibility of settlement. Looking to the statement made today by the Advocate for the Applicants, I find that amicable settlement is not possible as of today. 2. The Applicants are the Appellants in the First Appeal. The first Appellant is the wife of the Respondent and the second Appellant is the minor daughter of the Respondent. By the impugned Judgment and decree, the Respondent has been directed to pay a sum of Rs.3,000/- per month to the first Appellant and Rs.2,000/- per month to the second Appellant by way of maintenance. In addition to the said amount, it is an admitted position that the Respondent is paying a sum of Rs.1,000/- each to the Appellants as per the orders passed under section 125 of the Code of Criminal Procedure,1973. The submission of the Advocate for the Appellants is that as of today the salary of the Respondent is Rs.50,000/- per month. -2- Reliance is placed on the statement of expenditure annexed to the Application. The prayer in this application is for grant of monthly maintenance of Rs.9,000/- per month. 3. The Respondent appearing in person states that all along he is ready and willing to amicably settle the dispute with the Applicants. However, the Applicants have not accepted the offer given by him. He stated that the Applicants are not willing to reside with him. He, therefore, submitted that no case is made out for granting enhancement in maintenance amount at this stage. He stated that for the period ending with March 2010, he has already paid a total amount of Rs.6,66,700/- to the Applicants towards maintenance. 4. I have considered the submissions. The impugned Judgment and Decree has been passed in January 2007. It is not disputed that monthly salary of the Respondent is Rs.50,000/-. The second Appellant is taking education in English medium school. The Applicants have annexed a statement of monthly expenditure. 5. Considering the income of the Respondent and the averments made in the Application, during the pendency of the Appeal the Respondent will have to pay interim maintenance at the rate of Rs.9,000/- per month. This amount will be in addition to the amount payable as per the order passed under section 125 of the Code of Criminal Procedure,1973. The enhanced amount will be payable with effect from 1st April 2008. -3- 6. Civil Application is disposed of accordingly. JUDGE JUDGE JUDGE