1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1103 OF 2009 Vishal Ratanlal Aswani .. Petitioner Vs Mrs Pinky Vishal Aswani .. Respondents Mr.Uday Warunjikar, Advocate for the petitioner. Mrs.Indrayani Kaparkar, for the Respondents. CORAM : D.B.BHOSALE, J. DATE : 06/11/2009 PC: 1. Heard learned counsel for the parties. 2. This writ petition is directed against the order dated 11.9.2008 passed by the Principal Judge, Family Court, Mumbai on the application at Exhibit-6 in Petition No.A-1692 of 2007. The application at Exhibit-6 was filed by the respondent-wife for interim maintenance. The Family Court, after having considered the material on record, directed the petitioner to pay maintenance at the rate of Rs.7000/- per month from the date of the application. Admittedly, the husband is working in West Africa as a Supervisor. Mr Warunjikar, learned counsel for the petitioner, submitted that in view of recession, his salary is T 2 reduced by his employer to 95000 F-CFA. The exchange rate of currency F-CFA to rupees, as observed by the Family Court, is, 10 F-CFA equivalent to one rupee. According to Mr Warjunjikar, the exchange rate taken into consideration by the Family Court is not correct. He submits that the petitioner is getting monthly salary of Rs.7500/- in Indian rupees. I have perused the impugned order. It would be relevant to reproduce paragraphs 7,8, and 9 of the impugned order, which read thus:- “7. Besides the photo copy of the appointment letter referred to supra, the respondent at the time of appearance in the case filed an application Ex.9 for permission to appoint a Power of Attorney for him, since he is residing abroad. To support his contention that he is residing abroad, the respondent at the time annexed a photo copy of another salary certificate dated 31st March,2007. It shows that St'e M.S.Trans International Sari Import-Export had employed the respondent as a Field Manager in their saw mill for a period from 1st October,2006 to 31st March, 2007 for a salary of 180,000 F CFA. It shows that the employer certified the respondent as a hard working, sincere and honest. His services were terminated as per the letter as exportation of sawn teak logs by the authorities. 8. Though the respondent did not clearly state about the existence or otherwise of the business of his father in the present reply, however, in his written statement he admitted that his father is carrying a business in West Africa. Admittedly he is residing with his father in a joint family in West Africa as well as in India. The exchange rate of the currency F CFA to rupees is admittedly 10 F CFA equivalent to 1 rupee in the circumstances, the earlier certificate filed by the respondent shows that 3 his salary was Rs.18,000/- per month while the present certificate filed along with the written notes of argument shows his salary as Rs.9500/- per month. 9. It may be noted that the respondent is in West Africa. His father is a businessman. In the circumstances, the petitioner cannot be expected to lay her hands on any documentary evidence to show the income of the respondent. Considering the fact that the respondent is residing with his father who is in business and further finding that on his own the respondent earned Rs.18000/- per month upto 31st March, 2007 cannot be digested that within seven months thereafter, i.e in the month of October,2007 he would accept a job from field Manager to Site Supervisor and from the salary of Rs.18,000/- per month to Rs.9500/- per month in all these circumstances according to me, maintenance at the rate of Rs.7000/- per month at the lease would be just and sufficient to the result, I proceeding to pass the following order.” 3. Having considered the reasons recorded by the Family Court, I find absolutely no reason to interfere with the impugned order. Hence, the writ petition is dismissed for the reasons recorded in the impugned order. 4. This Court, vide order dated 30.7.2009, had directed the petitioner to deposit the entire arrears within five weeks from the date of the order. According to Mr Warunjikar, the petitioner has deposited some amount. In view thereof, the petitioner shall deposit the balance amount in the Family Court within a period of four weeks from today. The respondent-wife shall have a 4 liberty to withdraw the amount deposited by the petitioner- husband. (D.B.Bhosale, J.)