1 wp-5961 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.5961 of 2010 Mrs.Kashish Lalit Menghani .. .. Petitioner v/s. Mr.Lalit Lakhmichand Menghani .. .. Respondent Mr.R.S. Shekhawat for Petitioner. Mr.Ashok Bhatia for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 29th September, 2010 P.C. : 1.The Petitioner has challenged the order of interim maintenance. The Petitioner must show that she is not capable of maintaining herself. The Petitioner admittedly earns Rs.34,228/-. The Respondent earns $ 4338/- per month. 2.Since the Respondent earns more than the Petitioner, the Petitioner claims to be maintained taking into account her income. The Petitioner has shown certain expenses. The Petitioner has not substantiated any of her expenses. The ambit of an application for interim maintenance is only to see whether within the limits of income of the Petitioner she cannot maintain herself. 2 wp-5961 The Petitioner has shown Rs.70,000/- as her expense on food whilst she earns Rs.34,000/-. The Petitioner has not substantiated this exorbitant figure except for saying that she spends Rs.300/- per day on food. The Petitioner has not cut her coat according to her cloth. All these expenses would be considered in detail at the time of the evidence upon the Petitioner proving each of them to determine the precise amount of maintenance/alimony to be paid to the Petitioner taking into account all the circumstances of the case. In an Interim Application that exercise cannot be undertaken. The order of interim maintenance is proper. 3.The Writ Petition is dismissed. Rule is discharged accordingly. (SMT.ROSHAN DALVI, J.)