1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5518/2009. ( Smt. Vaishali B. Sahare -: versus :- Bhupendra A. Sahare ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 4, 2010. Heard finally by consent of Shri S.P. Hedaoo, learned counsel for petitioner and Shri B.K. Pal, learned counsel for respondent. The learned counsel relying upon the salary bills for the month of November – December 2008 and December 2008- January 2009 has sought to urge that the salary of husband is above Rs. 35,000/- in any case. He points out that apart from the compulsory P.F. Deduction, he is paying Rs. 6500/- per month as voluntary contribution to E.P.F. He further states that in this situation, looking to the standard of living the interim maintenance of Rs. 6000/- given to petitioner and her daughter is inadequate. Shri Pal, learned counsel appearing for respondent points out that the salary appears to be more because of over time put in by the respondent and also because of some fluctuating allowances. He argues that the 2 salary of respondent in any case is not more than Rs.25,000/-. He further states that the respondent has to support himself and his two children and present petitioner filed application for interim maintenance after more than one year. Perusal of the salary bills produced on record show that in any case the monthly take home salary of petitioner cannot be presumed to be less than Rs.25,000/-. In this situation, grant of Rs. 6000/- per month as interim maintenance to petitioner – wife and her daughter appears to be inadequate. The contention that voluntary contribution to P.F. is excessive or then the payments towards loan installment needs to be ignored, need not to be looked into at this stage, because ultimately while passing final order the court can take care of all relevant aspects if they arise for determination at that stage. However, considering the total number of members in the family of husband to be three, the maintenance granted to the petitioner wife and her daughter is increased to Rs. 10,000/- per month. The impugned order dated 26.10.2009 is modified to that extent only. Similarly, the expenses for litigation are also modified to Rs.4000/-. The impugned order dated 26.10.2009 passed below Exh.26 in Petition No. A-292/2007 by the Incharge Judge, Family Court, Nagpur is accordingly modified to that extent. Rule accordingly. No cost. JUDGE Rgd.