1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3272 of 2009 (Ashok G. Wadhai v. Smt. Swati A. Wadhai) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Abhijeet R. Wagh, Advocate for Petitioner. Coram : R.C. Chavan, J. Dated : 27 th August, 2009 This petition by the husband takes exception to the order passed by the learned Civil Judge, Senior Division, Chandrapur, granting interim maintenance in a Marriage Petition to the respondent-wife at the rate of Rs.3,000/- per month and to the two children at the rate of Rs.1,500/- per month each. It is the petitioner’s contention that he is in receipt of net salary of around Rs.7,500/- per month and, therefore, he will not be able to pay a monthly maintenance of Rs.6,000/- to the wife and the children. He has also mentioned that there is an order for payment of maintenance by the Criminal Court at Hinganghat and if that amount is to be added to the maintenance granted by the Civil Court, 2 nothing will be left with him. First, though the Criminal and Civil Courts might have granted separate maintenance, it is obvious that the parties would be entitled to only one maintenance for one period and, therefore, if the amount of maintenance granted by the Civil Court is more than that granted by the Criminal Court and if the petitioner is paying the maintenance allowance in the Civil Court, there will be no question of paying a further maintenance for the said period in the Criminal Court. Secondly, the amounts granted as interim maintenance are not exorbitant and they would be necessary to ensure that the respondent survives through the petition. Therefore, no interference is called for. Consequently, the petition is dismissed. Judge. pdl