: 1 : cwp-3031-11=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3031 OF 2011 Shri Ajaysingh Govind Rawat .. Petitioner v/s. Mrs. Neha (Sukla) Ajaysingh Rawat .. Respondent ......... Mr. Vijay R. Shinde for the petitioner ......... CORAM : R.Y.GANOO, J. DATE : 27th APRIL, 2011 P.C. : 1. The petitioner has filed petition for divorce in the Court of Learned Civil Judge Senior Division, Thane i.e. Marriage Petition No.559 of 2009 against the respondent. The respondent herein has filed an application for interim maintenance in the said petition i.e. application at Exh.12. Learned Jt. Civil Judge, Senior Division, Thane (hereinafter referred to as the learned trial Judge) decided the said application. She has ordered the petitioner to pay to the respondent a sum of Rs.5,000/- towards interim maintenance for herself and a sum of Rs.2,500/- towards interim maintenance of son Divesh, born out of wedlock between the petitioner and the respondent. : 2 : cwp-3031-11=.sxw 2. I have heard learned Counsel appearing on behalf of the petitioner. Learned Counsel for the petitioner contended that the respondent is working in a School and is adequately protected out of her income from the School. In so far as this aspect is concerned, it is true that the respondent is working in the School. However, she is being paid on the basis of sessions conducted by her. By way of illustration, a cheque for the month of October was produced for an amount of Rs.1800/- and a cheque of Rs.1350/- was produced for the month of November. Learned trial Judge has specifically observed that the income of the respondent by working in a School is meager. Learned trial Judge has also observed that the respondent is conducting tuitions and has observed that her income would not be more than Rs. 5,000/-. 3. The petitioner is working as a Civil Contractor and has filed his income tax returns, which clearly show that his entire income is in the vicinity of Rs.2,50,000/-. Based on this figure, learned trial Judge has considered the need of the respondent for herself and the child. After having considered the entire record, I am inclined to observe that the learned trial Judge has fixed the figure of maintenance in a proper manner by considering all the facts while granting maintenance @ Rs. : 3 : cwp-3031-11=.sxw 7,500/- per month. Though not specifically stated, the learned trial Judge has considered the responsibility of respondent to maintain the child. If the responsibility to maintain the child would have been cast upon the petitioner alone, the quantum of maintenance would have been definitely high. In my view, the impugned order requires no interference and the petition is required to be dismissed at the stage of admission. Hence, following order is passed. ORDER (i) Petition is dismissed at the stage of admission. There shall be no order as to costs. (R.Y.GANOO, J.)