1 wp2780-10 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2780 OF 2010 Mr. Shaikh Tayyab Ali.. .. Petitioner Vs. Mrs. Praveen Shaikh Tayyab Ali and others .. Respondents Mr. N. Khan for the Petitioner Mr. J. D. Dhorajiwala i/by M/s Majeed Menon & Asso. for respondent No.1 Mrs. P. P. Bhosale APP for the respondent-State CORAM : N. D. DESHPANDE, J. DATE : 1st February, 2011 P. C. 1. Heard learned counsel Mr. Khan for the Petitioner Mr. Dhorajiwala for respondent No.1 and Mrs. Bhosale, APP for the State. 2. In the present petition, the petitioner has impugned the order dated 13.8.2010 granting interim maintenance to the Respondent No.1 herein, passed by the learned Metropolitan Magistrate, Andheri, in the proceedings under the Prevention of Women from Domestic Violation Act, bearing CC No. 18/DV/2010. 3. Both the parties i.e. petitioner and respondent are earning members. They are employed in the school. Respondent No.1 is a 2 wp2780-10 teacher in a Municipal School and the petitioner is clerk in another school. It is seen that presently they are residing separately. The petitioner is mainly aggrieved because the learned Magistrate passed the order despite the fact that the respondent no.1 is earning and gainfully employed and drawing more salary than the petitioner. All these points have been taken into consideration by the learned Magistrate while passing the interim order and proceedings are still pending to be decided on merits, subject to revision. Therefore, no interference is called for. 4. It is also pointed out that by the learned counsel for the respondent No.1 that despite the interim order no maintenance has been paid. As such the petition cannot be entertained and deserves to be dismissed summarily. 5. The writ petition is accordingly dismissed. 6. At this stage, the learned counsel for the petitioner prayed for two months time to comply the impugned order and to deposit the arrears of maintenance. His statement to that effect is accepted. There shall be no coercive recovery of maintenance for two months form the date of this order. ( N. D. DESHPANDE, J. )