1 WP.10335.2010.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.10335 OF 2010 Priyadarshani Mitra ...Petitioner Vs. Arunava Mitra ...Respondent Mrs. Vaishali Thorat a/w. Ms. Minakshi V. Surve for the Petitioner Mr. Milan Desai i/b. Mr. Prashant Parshurampuria for Respondent CORAM : SMT. ROSHAN DALVI, J. DATED : 8TH JUNE, 2011 P.C. : 1. The Petitioner has challenged the order of interim maintenance granted to her and her children. The Petitioner essentially relies upon the admission of her husband that he earns Rs.8.5 lakhs in his business. 2. The husband claims that after the parties had disputes his business has fallen and has produced his income tax returns showing he earns much less. The husband is paying EMIs for flat as also society charges. Hence the residence for the wife and children is secured. The interim maintenance of Rs.50,000/- is only for the maintenance and education of the wife and children. 3. The husband would have to give further particulars of his income aside from the income tax returns produced by him. The statement of his income as derived by him would have to be seen and 2 WP.10335.2010.sxw appreciated. It would be upon seeing such evidence that the ultimate figure of maintenance would be decided on merits. 4. It is the contention of the wife that the husband has delayed the hearing of the Petition by taking out frivolous applications on other aspects. Certain interim applications are pending. Aside from that the Petition for maintenance filed in 2009 would be ripe for hearing. The Petition for maintenance is expedited, subject of course, to the convenience of the learned Judge to take it up. 5. The wife shall be prepared to go on with her evidence so soon as it is required. 6. Pending the Petition the interim order is maintained. 7. The Writ Petition is disposed off accordingly. (SMT. ROSHAN DALVI, J.)