1 WP.4694.2011.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.4694 OF 2011 Amol Madhukar Hindlekar ...Petitioner Vs. Mugdha Amol Hindlekar ...Respondent Mr. Abhijeet Kandarkar, Advocate for the Petitioner Mr. A.S. Khandeparkar, Sr. Advocate a/w. Ms. Shilpa A. Joshi, Advocate for the Respondent. CORAM : SMT. ROSHAN DALVI, J. DATED : 4TH AUGUST, 2011 P.C. : 1. Rule made returnable forthwith. 2. The Petitioner has challenged the order of the Principal Judge, Family Court, Mumbai granting maintenance to the child of the Petitioner. Both the Petitioner and the Respondent are employed. Hence the child has to be provided for. The Respondent sets out the expenses for child in paragraph 5 of her interim maintenance application. The detail of the expenses is shown to be Rs.10350/-. The Petitioner claims that both the parties must bear the obligation and the burden of the upbringing of the child equally as per the mandate in the judgment of the Supreme Court in the case of Padmja Sharma Vs. Ratan Lal Sharma AIR 2000 SC 1398. 3. The expenses show what expenses the wife has to incur in the normal course for the day-to-day maintenance of the child. Counsel 2 WP.4694.2011.sxw on behalf of the Respondent husband states that some of these expenses are payable half yearly and the total monthly expenses would be lesser. This would be only in case of the fees of the child. However, paragraph 5 of the application shows the fees computed is payable monthly and not quarterly or half yearly. Some provision would have to be made also for contingencies by both the parents. Consequently, for the father half liability towards the maintenance of his child, a sum of Rs.7000/- per month would be fit and proper until the evidence is led in the Petition at the time of final hearing. To that extent the impugned order is modified. 4. The father has not paid any amount for the maintenance of the child since the inception, though he contends that he is ready and willing to bear half the burden. 5. The father shall deposit the entire arrears of maintenance in the Family Court within 2 weeks from today and continue the payment of the monthly maintenance for his child @ Rs.7000/- p.m from this month. 6. Rule is granted accordingly. 7. The Writ Petition is disposed off accordingly. (SMT. ROSHAN DALVI, J.)