: 1 : cwp-6989-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6989 OF 2010 Amit Uday Gharpure .. Petitioner v/s. Sonia Amit Gharpure .. Respondent ......... Mr. P.S. Dani for the petitioner Ms. Seema Sarnaik for the respondent ......... CORAM : R.Y.GANOO, J. DATE : 25th MARCH, 2011 P.C. : 1. The respondent herein had filed Petition No. P.E-9 of 2010 for nullity in the Family Court at Pune. In the said proceedings, petitioner filed an application for interim maintenance at Exh.5. Learned Judge of the Family Court has by order dated 21st July, 2010 decided the said application. The petitioner is directed to pay interim maintenance to the respondent @ Rs.30,000/- per month from the date of the application i.e. from 11th February, 2010 till the disposal of this petition. This order is challenged by the petitioner by filing this writ petition. : 2 : cwp-6989-10=.sxw 2. I have heard learned Counsel on both sides at the stage of admission. The learned Judge of the Family Court has considered the facts and circumstances as regards the income of the petitioner and has arrived at a conclusion that the salary of the petitioner is about 75,000/- per month. He has granted maintenance taking into consideration the said figures of Rs.75,000/-. 3. Learned Counsel appearing for the petitioner submitted by taking me through the salary slips which have been annexed to this petition that the income of the petitioner is not Rs.75,000/- per month, it is less than that. It was also submitted before this Court that the petitioner has left M/s. Wipro Technologies and is present working with IBM India Pvt. Ltd. and is earning today about 56,000/- per month and that he has joined the said M/s. IBM India Pvt. Ltd. from 26th March,2010. Having considered the material placed before this Court, I am inclined to observe that the learned Judge of the Family Court was right in granting maintenance @ Rs.30,000/- per month as on the date of passing of the order i.e. 21st July, 2010. If the petitioner is now earning less than Rs. 75,000/-, it will be open for the petitioner to make an application to the learned Judge who passed order dated 21st July, 2010 by submitting necessary documents and by showing that the salary of the petitioner : 3 : cwp-6989-10=.sxw is not Rs.75,000/- per month and since after the passing of the order dated 21st July, 2010, there has been substantial change in the circumstances and that the order dated 21st July, 2010 is required to be modified. The submission on the part of the petitioner is fair to that extent. Hence, following order is passed to dispose of the petition at the stage of the admission. ORDER (i) No interference is required in the impugned order dated 21st July, 2010 passed by the learned Judge of the Family Court, Pune below Exh.5 in proceedings No. P.E-9 of 2010. (ii) If the income of the petitioner by way of salary and other methods of earning has gone down after 21st July, 2010, it will be open for the petitioner to apply for modification of the order dated 21st July, 2010 by pointing out change in the circumstances. (iii) Ad-interim relief granted on 3rd September, 2010 stands revoked. (R.Y.GANOO, J.)