1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.395 OF 2009 Mrs.Ghoshia Shaheen Shakeel Akhtar Applicant versus Mohammed Shakeel Akhtar Respondent Seema Singh for the applicant. Y.S.Shinde, APP for State. S.A.Shaikh for respondent no.1. CORAM : A.S.OKA, J. DATE : 2nd July 2009 PC :- 1. Heard learned counsel appearing for the applicant and learned counsel for the 1st respondent. The applicant-wife has filed this revision application for seeking enhancement in the amount of interim maintenance fixed by the learned Judge of the Family Court. An application is made by the applicant under section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the said Code") for grant of maintenance pending the final disposal of the said application. By the impugned order dated 6th December 2008, the learned Judge of the Family Court has fixed the interim maintenance @ Rs.3,000/- from the date of filing the application. 2 2. The submission of the learned counsel for the applicant is that monthly earning of the respondent-husband is Rs.45,000/- and hence interim maintenance of Rs.15,000/- ought to have been awarded. The respondent-husband has filed an affidavit setting out that his income is Rs.31,700/- per month. According to him he is required to incur following expenditure :- Particulars Expenditure A Travelling Expenses 2000 B Lunch/Tea/Snacks while at work 3000 C EMI of Home Loan and Personal 12175 D Maintenance to my sister 2000 E Household Expenses 8000 F Medical expenses for all dependents i.e. my divorcee sister, my nephew by name Zeshan Ali (aged about 17 yrs), my niece Heena Arif (aged about 12 years), and myself. 3000 G Cost of the legal proceedings 3000 H Society charges and electricity bill 1500 Total 34675 The learned counsel appearing for the husband submitted that it is impossible for the husband to pay any amount above Rs.3,000/- per month as he has to maintain his nephew and niece as well as his divorcee sister. He submits that no interference is called for. 3. In the affidavit the husband has not disclosed his gross salary. What he has disclosed is his net salary which is stated to be Rs.31,700/-. According to him he is spending Rs.3,000/- per month on legal 3 proceedings, Rs.3,000/- on tea and snacks at the work place, Rs.8,000/- on house-hold expenditure and Rs.12,175/- by way of EMI of home loan. He claims that he is required to spend a sum of Rs.3,000/- for maintenance of his nephew and niece and he is paying a sum of Rs. 2,000/- per month to his divorcee sister. The said figures are exorbitant and unrealistic. Even assuming for the sake of argument that the husband is required to maintain his divorcee sister and her children and assuming that there is no one else in the family to maintain them, considering the income of Rs.31,700/- which is his net income, the respondent-husband will have to pay interim maintenance @ Rs,7,500/- per month. 4. Hence, I pass following order :- (a) The impugned judgement and order dated 6th December 2008 is modified; (b) The interim maintenance is fixed at Rs.7,500/- per month in place of Rs.3,000/- per month; (c) It is made clear that all contentions raised by the parties including the contention raised by the husband regarding divorce are expressly kept open and it will be for the parties to lead evidence at the time of hearing of the main application under section 125 of the said Code; (d) The main application shall be decided by the Family Court in accordance with law without being influenced by the observations made by this Court in this order; 4 (e) Hearing of application under section 125 of the said Code is expedited and hearing shall be concluded before the end of the year; (f) The criminal revision application is partly allowed in above terms; (A.S.OKA, J.)