FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.166 OF 2008 IN FAMILY COURT APPEAL NO.76 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr Rahul P Walvekar, for the appellant. Mr P.V.Samant, for the respondent. CORAM: B.H.MARLAPALLE & D.B.BHOSALE, J. DATED: 09/07/2008 P.C.: We have heard the learned counsel for both parties. This is an application for enhancement of the interim maintenance amount which was fixed at Rs.2500/- by the Family Court at Pune. The respondent-husband has filed the affidavit-in-reply and has opposed the application. The learned counsel for the respondent submitted that there is no change so as to review the maintenance amount accordingly. He also pointed out that the husband has filed the divorce petition which is presently pending before the Family Court at Pune. Admittedly, the respondent-husband has his own business of electronics goods and, therefore, the Income-tax Return placed on record by itself may not be a reason to accept the plea of the respondent not to enhance the interim maintenance amount. Having regard to the financial status of both the parties as at present, we deem it appropriate that the interim maintenance is fixed at Rs.4000/- per month and at the same time the applicant-wife should not be allowed to file any such application or prosecute the application for the said purpose in the pending proceedings before the Family Court. Hence we allow the application partly and fix the amount of the interim maintenance at Rs.4000/- per month, payable with effect from 1.7.2008. We have also noted down the undertaking of the learned counsel for the applicant that the pending application, if any, for the interim maintenance, filed in the divorce petition, shall be withdrawn. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)