IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.1545 OF 2009 Sandeep Bajirao Jagtap ..Petitioner Vs. Manjusha Sandeep Jagtap ..Respondent Mr.A.G.Damle, Advocate for Petitioner. Mr.P.P.Prabhu, Advocate for respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd April, 2009. P.C. 1 Heard both sides. This petition challenges the order thereby granting interim maintenance to the wife in a petition filed by the husband for restitution of conjugal rights. 2 The wife applied for interim maintenance and pointed out that she is now residing at Nagpur with her father. The petition is filed in the Family Court at Mumbai. The application was supported by affidavit wherein she has pointed out that although she has a job with the Central Government, there was a dispute and an Application has been made in the Central Administrative Tribunal. The Application is pending and in the meanwhile she got Ad-hoc appointment a job and her salary is Rs.7,341/- per month. She has stated that the petitioner is highly qualified and was working with V.S.N.L as Assistant Manager drawing salary of more than Rs.40,000/- per month. Petitioner has movable and immovable property also, details of which are set out in paragraph no.13 of the affidavit. She states that she has a temporary job and residing with her retired father at Nagpur. In these circumstances, she sought interim maintenance at the rate of Rs.25,000/- per month. That application was opposed by the petitioner- husband by filing affidavit-in-reply. While not denying that he was employed, he stated that he has resigned from service and presently not employed anywhere. In these circumstances, it cannot be said that he is in a position to pay money to the wife towards interim maintenance. The reason for his resignation has been set out in paragraph no.14 of affidavit-in-reply. He stated that he is searching for job. He denied the allegations of acquisition of movable and immovable property. He has also alleged that the wife's brother is unmarried and working in Singapore. Therefore, according to him, this is not a fit case where interim maintenance may be awarded to the wife. 3 The trial Judge after hearing both side came to the conclusion that the respondent is entitled to maintenance from the petitioner- husband. Prima facie, the allegation that husband is jobless and cannot afford to pay maintenance is not found acceptable. The petitioner has travelled abroad from 26th July, 2007 to 25th October, 2007. The parties separated from each other on 18th November, 2006. After filing of this petition for restitution of conjugal rights, the petitioner husband has resigned from his service, yet, it cannot be said that he has no income. Even though he has resigned from the service, how he afforded to reside abroad, was the question posed by the court below; and based on the material the court below awarded a sum of Rs.10,000/- p.m. as interim maintenance to wife. 4 I do not see any reason to interfere with the order granting interim maintenance in the above facts and circumstances. This is not a case where the amount determined can be said to be exorbitant, excessive and unreasonable so as to call for interference in the equitable and discretionary jurisdiction of this court under Article 227 of the Constitution of India. There is no merit in the argument of Mr.Damle that the wife who is having Income of her own should not be awarded any interim maintenance. In the peculiar facts and circumstances of this case, the learned Judge found substance in the application of the respondent wife, however, he has not awarded the sum as demanded by her. The determined quantum is on the basis of the materials produced before the court below. There is no reason to interfere in the said order as it is not possible to re-appraise and re-appreciate this material in my limited jurisdiction. Writ petition is accordingly dismissed. Needless to say that as the petition is dismissed, the respondent would be at liberty to withdraw the sum deposited in this Court, within two weeks from today. [ S.C.DHARMADHIKARI , J.] 1545-09