HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1927 of 2009 Dated 22-11-2010 Between: Gujju Rama Rao. …Petitioner. And: Gujju Sandhya @ Laxmi Sandhya. …Respondent. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1927 of 2009 ORDER: The respondent before the Family Court in O.P.No.846 of 2008 is aggrieved by the orders of the Family Court granting interim maintenance at the rate of Rs.5000/- per month in I.A.No.27 of 2009 dated 19-3-2009. This Court by order dated 12-6-2009 granted interim stay of arrest on the condition of the petitioner paying Rs.2,500/- per month. The said order is being complied with. Learned counsel for the petitioner submits that the impugned order suffers from clear and apparent error as the court below has proceeded as if the petitioner herein has not denied the salary income he is getting. Whereas the counter filed by the petitioner before court below specifically denied in in paragraph 11 that he is an employee of the I.C.I.C.I. Bank as well as his monthly salary Rs.12,000/-. Petitioner counsel also submits that the order of the Court below has not even considered merits of entitlement of the respondent for the quantum of Rs.5,000/- per month as maintenance. According to the petitioner, the respondent has sufficient means, as such she is not entitled to any maintenance. In the absence of adjudication of the relevant financial position of the petitioner and the respondent by the Court below under the impugned order, this Court under Article 227 of the Constitution of India cannot adjudicate on the quantum of maintenance. In the circumstances, therefore, the impugned order which suffers from apparent error in appreciating the case of the revision petitioner and in the absence of the assessment of relevant financial position of the parties, this court is constrained to set aside the impugned order and remit the I.A.No.28 of 2009 to the court below for fresh disposal in accordance with law. The C.R.P. accordingly is allowed. However, the interim maintenance granted as directed by this Court at the rate of Rs.2,500/- by order dated 12-6-2009 shall be payable by the petitioner subject to the final orders which the Family Court would pass in I.A.No.27 of 2009. No costs. _____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 22-11-2010 Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1927 of 2009 Dated 22-11-2010