1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION [F] NO. 2901/2010 IN FIRST APPEAL No. 122/2011. Sau. Sheetal Pawal Patil -versus- Pawan Sahadeorao Patil __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : B.P.DHARMADHIKARI & A.P. BHANGALE, JJ. DATED : OCTOBER 14, 2011. Heard Shri S.P. Bhandarkar, learned Counsel for the applicant/appellant-wife and Shri A.S. Jaiswal, learned Counsel for respondent- husband. The appeal filed under Section 19 of the Family Courts Act challenging the judgment dated 24.02.2009 passed by the Family Court dissolving the marriage between the parties in proceeding instituted by the present respondent, is already admitted by this Court. 2 By this application, respondent in this proceeding is seeking maintenance under Section 24 of the Hindu Marriage Act. Amount of Rs. 15,000/- per month has been sought as maintenance pendentelite with amount of Rs. 15,000/- as litigation expenses. Traveling expenses of Rs. 3000/- per visit for attending this appeal are also claimed. It is not in dispute that during the pendency of the proceedings before the Family Court, interim maintenance of Rs. 2000/- per month as awarded to the present application. Learned Counsel appearing for respondent- husband has pointed out that the respondent – husband has lost his job during the pendency of the proceedings before the Family court in the year 2006. Shri Bhandarkar, learned counsel has invited attention to the evidence on record to show that the family of respondent is well placed and though educational qualifications of present applicant 3 are brought on record, the fact that she is not doing anything has also been brought on record before the Family Court. Shri Jaiswal, learned counsel has contended that the applicant is taking private tutions. Facts show that though the respondent – husband lost his job during the pendency of the proceedings before the Family Court, interim maintenance as awarded by that Court continued. The evidence shows that the living standards of the family of respondent are good and in this situation, mere loss of employment cannot be a ground to refuse to maintain wife, who admittedly has no source of income or employment. In this situation, we direct the respondent to pay to applicant, an amount of Rs. 3000/- per month as interim maintenance during the pendency of this proceeding. Similarly we direct him to pay to applicant an amount of Rs. 5000/- towards litigation expenses. 4 As attendance of applicant/appellant is not required during the pendency of this appeal, we presently are not passing any orders on prayer for grant of traveling expenses. This order shall come into effect from 01.10.2009, as application under Section 24 has been filed on 06.09.2009. The arrears including the litigation expenses payable till 31.10.2011, shall be cleared by 31.12.2011. However, the applicant wife shall be paid her regular maintenance for the month of November, 2011 by 15.11.2011. Accordingly for each current month, the maintenance shall be paid by 15th of said month. Civil Application (F) No. 2900/2010. As the appeal is already admitted, it is settled that the impugned judgment dated 24.02.2009 stands stayed, hence that application is disposed of. JUDGE JUDGE Rgd.