1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6858 OF 2011. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.Shaikh Shoyab Mohd.Israil, advocate for the petitioner. CORAM : S.V.GANGAPURWALA,J. Date : 12.09.2011. PER COURT : 1. Heard. 2. The present Respondent No.1 filed a suit for maintenance. Along with the suit also filed an application for interim maintenance. The trial Court allowed interim maintenance of Rs. 400/- p.m. to the Respondent No.1 and Rs.200/- p.m. to Respondent No.2. Aggrieved thereby, the petitioner has filed the present petition. 3. Mr.Shaikh, learned counsel for the petitioner submits that the petitioner has denied the paternity of the Respondent No.2. The Respondent No.2 was conceived prior to the marriage of the petitioner with the Respondent No.1. Even Doctor has issued a 2 certificate to that effect. The Respondent No.1 herself deserted the petitioner. In view of all these facts, the Respondents are not entitled for any maintenance. The learned counsel contends that when paternity is denied then at an interim stage, the maintenance could not have been awarded. 4. The Respondent No.2 has been born after the marriage of the petitioner with the Respondent No.1. It is not disputed that the Respondent No.1 is the wife of the petitioner. The factum of paternity and about the alleged desertion of the Respondent No.1 would be required to be proved by the petitioner during the trial. The Courts are empowered to grant interim maintenance. The maintenance awarded is also not more, it is only Rs.400/- (Rupees four hundred) to Respondent No.1 and Rs.200/- (Rupees two hundred) to Respondent No.2. 5. No error has been committed by the trial Court while passing the impugned order. In such circumstances, the Writ Petition is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.12.09.2011. asp/office/wp6858.11 3