ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.2198 OF PETITION NO.2198 OF PETITION NO.2198 OF 2009 2009 2009 Yukta Narayan Apte ...Petitioner. Vs. Narayan Gangadhar Apte ...Respondent. Mr.S.S.Patwardhan for the Petitioner. Mr. Anilkumar Patil for the Respondent. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 30th March, 2009 : 30th March, 2009 : 30th March, 2009 P.C.:- P.C.:- P.C.:- . The Petitioner wife has challenged the impugned order dated 19/12/2008 whereby, the Court has granted ad-interim maintenance of Rs.3,500/-(Rupees three thousand five hundred only) to the Petitioner-wife and Rs.2,000/-(Rupees two thousand only) to the minor son (totalling to Rs.5,500/- (Rupees five thousand five hundred only)) from the date of filing of the Application i.e. from 05/03/2008. 2. There is a sufficient material on record to show, and as observed by the Trial Court also, that the Respondent-husband’s per month income comes to Rs.25,361/- (Rupees twenty five thousand three hundred ( 2 ) sixty one only). After considering his liability towards his aged parents and even if the L.I.C. premium of the son which the Petitioner is paying, he has restricted the maintenance to the above amount. 3. In this Court, on 25th March, 2009 the Respondent-Husband volunteer to enhance the amount of Rs.1,000/- p.m. more, so far as the child is concerned. The matter was adjourned, thereafter for disposal/ settlement. However, it appears that the Petitioner-wife is not ready for that enhancement. 4. The facet that the Respondent Husband is earning above Rs.25,000/-, I am of the view that pending the main proceeding, Rs.4,500/-(Rupees four thousand five hundred only) to the wife and Rs.3,000/- (Rupees three thousand only) to the son is reasonable amount. Thereby the amount is increased from Rs.5,500/- (Rupees five thousand five hundred only) to Rs.7,500/- (Rupees seven thousand five hundred only). This is, basically for the reasons that there is nothing specifically mentioned about the expenses of the aged parents, otherwise as recorded. The amount of Rs.7,500/-(Rupees seven thousand five hundred only) even if taken note of, is only more than 1/4th and ( 3 ) less than 1/3rd of the income which Respondent-Husband is getting. If we considered his total salary then it falls within the ambit of 1/4th of his total income. 5. The submission of the Petitioner that the interim maintenance should be enhanced to Rs.12,000/- to Rs.15,000/- as claimed, is not acceptable in the circumstances. In my view, therefore, Rs.7,500/- (Rupees seven thousand five hundred only) (Rs.4,500/- to the wife and Rs.3,000/- to the son), is sufficient and reasonable amount as interim maintenance. The directions as passed by the Trial Court just cannot be said to be perverse. However, as the Respondent-husband has shown his readiness to enhance the amount as recorded and on the face of undisputed position about the salary on record, I am granting such enhanced interim maintenance to the Petitioner-wife. 6. Resultantly, the Petition is allowed to the extent that the interim maintenance be treated as Rs.4,500/-(Rupees four thousand five hundred only) to the Petitioner-wife and Rs.3,000/- to the son (totalling Rs.7,500/-) rest of the order maintained accordingly. ( 4 ) 7. Admittedly, no litigation expenses is granted by this order. A litigation expenses of such application even at this interim stage is necessary. It is now disposed of, therefore, I am inclined to grant to grant the same; Rs.5,000/- (Rupees five thousand only) to be paid to the Petitioner-wife. 8. The application filed by the husband below Exhibit 56 for access is expedited. 9. In view of above, the Writ Petition is disposed of. No costs. (ANOOP (ANOOP (ANOOP V.MOHTA, J.) V.MOHTA, J.) V.MOHTA, J.)