1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1552 OF 2007 Sangeeta M. Sheth ..Petitioner V/s. Mahendra Sheth ..Respondent Mr.Sudatta Patil, Advocate, for petitioner Mr.I.S.Thakur, Advocate, for respondent CORAM : S.J.VAZIFDAR, J. DATE : 11TH FEBRUARY, 2008 P.C. . By consent, the petition is heard finally. The petition was initially disposed of by an order dated 27th July, 2007. Thereafter, on the respondent's application the order was set aside and the matter was ordered to be heard afresh. 2. The learned Judge has fixed the interim maintenance at Rs.5000/- per month after taking into consideration all the relevant factors. 3. The order cannot be really faulted. There is only one variation which I intend making in view 2 of the respondent's admission before the learned Judge. 4. It is pertinent to note that the petitioner is in exclusive occupation of a two bed rooms flat with attached terrace. The outgoings are paid by the respondent. This is a major factor which has been correctly taken into consideration by the learned Judge. However, the respondent had stated before the learned Judge that he was paying all the charges for the maintenance of the flats. In fact he is only paying for the society outgoings. 5. I am not inclined to grant the amount sought by the petitioner inter-alia for the reason that her son, who was earlier in Khandala, is now in Mumbai and living with the respondent. There is also some duplication as regards expenses for grocery, vegetables and fruits. This itself agregates to around Rs.3000/-. 6. In the circumstances, I am not inclined to grant Rs.11,500/- demanded by the petitioner. The 3 interests of Justice will be met at this stage by raising the amount of Rs.5000/- to 7000/- per month. All the contentions between the parties are kept open. The arrears as per this order shall be paid within eight weeks from today. Rule is made absolute in the above terms. (S.J.VAZIFDAR, J.)