1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 1023 OF 2010 Dayanand Bhagwat Kharbade ...Petitioner Vs. Vaishali Dayanand Kharbade & Anr. ...Respondents Mrs.Sunita Podar a/w. Mrs. Devyani Shah, Advocate for Petitioner Mr.G.R.Hegde, A.G.P for Respondents CORAM : SMT. ROSHAN DALVI, J. DATED : 10 TH MARCH, 2010 P.C. : 1. The Petitioner husband has filed this Petition for quashing and setting aside Petition No. C-0127/2009 filed by the Respondent wife under Section 18 of the Hindu Adoption and Maintenance Act, 1956 for maintenance. That Petition is for the final relief of maintenance for the wife as well as the child of the parties. 2. The Petitioner filed a separate Petition for divorce. His Petition came to be dismissed by the Family Court. He has filed a First Appeal in the High Court. The Petitioner took out a Civil Application for access to the child. 2 An order came to be passed in that Civil Application by the Division Bench of this Court directing the Petitioner to pay Rs.5000/- p.m towards the maintenance of the child and to clear the arrears of maintenance. The Respondent wife accepted that without prejudice to her rights and contentions. Pending the hearing access to the child was also fixed. 3. This is an ad-hoc amount directed to be paid by the Court for the maintenance of the child pending determination of the final amount lawfully payable to the wife as well as the child in the substantive Petition for such maintenance and pending the First Appeal filed by the Petitioner. Such ad-hoc amount cannot be taken to be the maintenance amount in perpetuity to be paid by the Petitioner husband for his child. 4. The Respondent wife cannot be restrained from adopting any lawful remedy under a specified legislation enabling her to claim it. That application would have to be considered by the competent Court on its own merits. 5. The Petitioner would not be liable to make payment of maintenance twice. Hence, when the Court determines the amount of maintenance to be paid for the wife and/or child, it would always take into account any other amount granted by way of maintenance either temporary, ad-hoc or permanent by any other Court. With that clarification the Writ Petition is dismissed. (SMT. ROSHAN DALVI, J.)