: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.249 OF 2008 IN FAMILY COURT APPEAL NO.69 OF 2007 WITH CIVIL APPLICATION NO.250 OF 2008 IN FAMILY COURT APPEAL NO.73 OF 2007 Smt. Pragna Ashok Patel .. Applicant V/s. Ashok Khimjibhai Patel .. Respondent ..... Ms. Kumud A. Bhatia for applicant Mr. Harihar Bhave i/by Bhave & Co. for respondents Both parties are present in Court. ...... CORAM : D. B. BHOSALE & R.Y.GANOO, JJ. FEBRUARY, 5th 2010. P.C. : 1. Heard learned Counsel for the parties. By this civil application, the applicant-wife is seeking enhancement of the monthly maintenance of Rs. 3,000/-, that she has been getting presently from the respondent. The : 2 : applicant-wife is presently residing in the flat in Amar Tower, Juhu Beekay Co-operative Housing Society, Anandrao Deole Marg, Junu, Mumbai-400049 (for short “the flat”). The applicant has stated in the application that monthly outgoings of the flat are more than Rs.3,000/-. She has further stated that she does not have any other source of income and, therefore, she finding it difficult to maintain herself and to pay monthly outgoings of the flat. The arrears of monthly outgoings as of today are huge. The respondent-husband has filed reply affidavit stating therein that though his monthly income by way of salary for the services rendered by him in the temple of Swami Narayan is Rs.8,000/-, he is finding it difficult to even pay Rs.3,000/- per month to the applicant-wife, since he does not get his salary regularly. He has further stated that he is not having any other source of income. In para 5 of the affidavit, he has stated that the appellant is an Interior Designer and she has substantial income from the said business. In para 7 of the reply, the respondent has stated that he was ready to provide to the applicant-wife, a decent alternative accommodation at Malad. When we asked about this offer, Mr. Bhave, learned Counsel for the respondent on instructions from the respondent, submits that today he is not in a position to provide her the said accommodation. Except the statement in para 5, that the applicant has huge income from her alleged Interior Designing business, the : 3 : applicant has not produced any material on record, in support thereof. We have perused the averments made in the application and in the reply affidavit so also the order dated 02.09.2008 passed by this Court in Civil Application No.136 of 2008. The observations in the order dated 02.9.2008 in our view, are relevant for the order that we propose to pass today. “We direct that during the pendency of the appeals filed by both the spouses, the wife shall continue to occupy the suit premises unless a decent alternative accommodation, as directed by the Family Court, is provided to her. We also direct that the wife shall not let any part of the house (the suit premises) to a paying guest or to any third party on consideration or without consideration and she shall be liable to pay the maintenance charges including the arrears in respect of the said premises to the concerned co-operative housing society. Arrears of maintenance or on any other count in respect of the suit premises shall be cleared by the wife within a period of four weeks from today.” 2. Mr. Bhave, learned Counsel for the respondent submits that under any circumstances it is not possible for the respondent to pay anything more than Rs.3,000/- by way of maintenance. We, therefore, and having considered over all facts and circumstances of the case and the passage of time from the date of the order dated 02.8.2008, are inclined to allow the applicant, as on instructions prayed for by her Counsel, to keep a paying guest (for residential purpose) in the flat. Order accordingly. In view : 4 : thereof, the learned Counsel for the applicant submitted that the applicant shall not claim any monies towards outgoings of the society. Her statement is accepted. It is needless to state that before inducting a paying guest, the applicant shall take permission / no objection, if necessary, from the Society or any other authority, including Police. While keeping a paying guest, she shall also take in writing from the paying guest that he/she shall vacate the room in the flat in the event of any order of the Court being passed to that effect and / or at the request of the applicant, within a period of 15 days from the date of intimation of the order or the request made by the applicant. The writing that will be taken by the applicant from the paying guest, she shall place a copy thereof on record of this Court and shall also furnish it to the advocate for the respondent, within a period of 15 days from the date of such writing being obtained by her. It is made clear that the paying guest shall not have any right whatsoever in the flat or part thereof, except to remain in possession of the room in the flat as a paying guest and shall vacate the same either as per the order of this Court or on the request made by the applicant. The applicant shall not create any other right either in favour of the paying guest or any other person in respect of the flat. She shall also serve a copy of this order on the paying guest and shall take acknowledgment thereof from him/her having accepted all the terms and conditions for occupying the premises as paying guest along with the applicant. : 5 : 3. In view of this order, learned Counsel for the applicant does not press the prayers in the civil application so also civil application No.250 of 2008. 4. This Civil Application is disposed of in terms of this order, while Civil Application No.250 of 2009 is disposed of as not pressed. [R.Y.GANOO, J.] [D.B. BHOSALE, J.]