1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4364/2009. ( Mohan R. Wabhitkar -: versus :- Mrs. Yogita M. Wabhitkar and another ) 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 : JANUARY 27, 2010. Heard Shri S.V. Akolkar, learned counsel for petitioner and Shri S.R. Sone, learned counsel for respondents. Petitioner – husband is taking objection to grant of maintenance @ Rs.4000/- per month to respondents i.e. his wife and daughter. Shri Akolkar, learned counsel states that when petitioner was in service and was getting salary of Rs. 13000/-, he was in a position to pay that amount. After loss of service he was required to join new establishment where his salary is only Rs. 5000/- and hence, he is not in a position to pay Rs. 4000/- per month. He states that in the meanwhile main proceedings under Section 9 of the Hindu Marriage Act filed by the petitioner have been finally disposed of by Family Court and respondents are recovering arrears of maintenance @ Rs. 4000/- per month. According to him, those arrears work out to Rs. 92000/- and out of it he has till date deposited amount of Rs. 52,000/-. He therefore seeks intervention of this Court to permit the petitioner to 2 deposit amount of Rs. 2000/- per month towards balance of Rs. 40,000/-. Shri Sone, learned counsel for respondents is opposing the prayer. He contends salary of Rs. 5000/- per month was never disclosed to the Family court and that document or loss of service are being pressed into for the first time in the Writ Petition. He further states that the daughter is taking education and monthly expenditure on her tutions is Rs. 2200/-. According to him, in this situation no interference is warranted in the matter. It is apparent that the Family Court has passed order on interim maintenance when petitioner himself disclosed his monthly salary to be Rs. 13000/- per month. The subsequent loss of service or decrease in the monthly salary were not pointed out to Family Court. Before this Court the respondents are not accepting the subsequent event. It is therefore, clear that this Court in writ jurisdiction cannot interfere in the matter. Writ Petition is dismissed. No cost. To show his bonafides the petitioner has deposited amount of Rs. 40,000/- with Family Court. The amount of Rs. 20,000/- was allowed to be withdrawn by the respondents, and the balance amount of Rs. 20,000/- with Family Court is also accordingly allowed to be withdrawn by the respondents. Certified copy expedited. JUDGE Rgd.