1 CAM30.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.30 OF 2011 IN FAMILY COURT APPEAL NO.134 OF 2004 IN PETITION NO.A-409 OF 1997 KJ Smt.Suresh Shripal Jain )..Applicant Vs. Shri Shripal Deepchand Jain )..Respondent ---- Mr. N.Y. Gupte for the applicant. Mr.R.T.Lalwani for the respondent. ---- CORAM : A.M.KHANWILKAR & MRS.MRIDULA BHATKAR,JJ DATE : 28/3/2011. PC 1 Heard Counsel for the parties. 2 By this application it is prayed that the interim maintenance fixed by this Court in terms of order dated 7.12.2004 while deciding Civil Application No.123 of 2004 be enhanced from Rs. 3900/- to Rs.20,000/- per month. Further relief is claimed to 2 CAM30.11.sxw direct the respondent to pay monthly maintenance charges of the society at the rate of Rs.1900 per month or as per the bill as raised by the society every month. 2 Insofar as 2nd relief is concerned, the order dated 7.12.2004 obliges the respondent to bear 50% of the maintenance charges payable to the society in respect of premises presently occupied by the applicant/wife. In the event, the amount offered by the respondent/husband towards maintenance charges are insufficient, the applicant will furnish copy of the demand bill received from the society and upon furnishing true copies of such bill, the respondent shall forthwith and in any case not later than 8 days from the receipt, pay amount equivalent to 50% of the amount referred to in the said bill and/or the deficit amount if any. 3 Insofar as the relief of enhanced maintenance amount at the rate of Rs.20,000/- per month, it needs to be mentioned that the order dated 7.12.2004 provided for total amount of Rs.3900/- per month towards monthly interim maintenance. The said amount 3 CAM30.11.sxw included monthly maintenance payable to the two sons who were minors at the relevant time, in the sum of Rs.1200/- per son per month. In other words, the interim maintenance amount specified in terms of order dated 7.12.2004 payable to the applicant/wife is only Rs.1500/- per month. Considering the changed situation and increase in cost of living index, in our opinion, the applicant/wife is entitled for commensurate rise in the monthly maintenance amount. The applicant has prayed for Rs.20,000/- per month. We are not inclined to accept this claim of the applicant/wife. However, the respondent/husband on his own has shown willingness to pay amount at the rate of Rs.5000/- per month towards interim monthly maintenance to the applicant/wife. In our opinion, the said offer is reasonable as it provides for almost more than 3 times of rise than the original amount specified in order dated 7.12.2004. Accordingly, this application is partly allowed on the above terms. The respondent/husband who is present in Court undertakes to pay interim monthly maintenance to the applicant/wife regularly on or before 10th of every English calender. The respondent undertakes to transfer the amount of 4 CAM30.11.sxw Rs.5000/- per month in the bank account of the applicant/wife, to be furnished by her on or before 10th of every English calender month. The applicant would be entitled for enhanced interim maintenance per month from the date of this order. Application disposed of on the above terms. (MRS.MRIDULA BHATKAR,J) (A.M.KHANWILKAR,J)