IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.277 OF 2008 IN FAMILY COURT APPEAL NO.77 OF 2008 Meenakshi Thomas Parokkaran ..... Applicant V/s. Thomas Anthony Parokkaran .....Respondents Smt.Seema Sarnaik, for the Applicant Mr.Hitesh P. Vyas, for the respondent. CORAM : SHRI P.B.MAJMUDAR & SMT.R.P.SONDURBALDOTA , JJ. DATED : 16TH OCTOBER, 2008. P.C. 1. This civil application has been preferred by the applicant-wife with a prayer that the respondent may be directed to pay maintenance at the rate of Rs.25,000/- per month. The learned Advocate for the applicant has submitted that the respondent is paying maintenance at the rate of Rs.5,026/- per month. But, it is submitted that applicant is required to pay Rs.5,026/- towards EMI charges for occupying the flat. Initially, the respondent used to pay the EMI, but now he has stopped paying since 30- 04-2008. 2. The learned counsel for the respondent submitted that the respondent is in financial constraints, but still he is willing to pay EMI Charges regularly @ Rs.5,026/- since May 2008. The learned counsel for the applicant prayed that maintenance should be enhanced to Rs.8,000/- as she is required to pay EMI charges and as the respondent-husband has stopped paying the same since May 2008. 3. We have heard the learned counsel for the parties. The learned counsel for the respondent has submitted that he has no objection if the amount of maintenance is increased to some extent. He further submitted that there is no order passed by the Family Court regarding payment of EMI charges. 4. Having heard the learned counsel for the parties and considering the fact that the applicant is required to pay an amount of Rs.5,026/- towards EMI, it would be just and proper to increase the maintenance from Rs.5,000/- to Rs.8,000/-. The learned counsel for the respondent has submitted that he is willing to pay EMI charges of Rs.3,000/- since May 2008 and maintenance amount to the tune of Rs.5,000/- from today. However, considering the facts & circumstances of the case, in our view, the respondent is duty-bound to maintain his wife in an appropriate manner. Under these circumstances, the respondent is directed to pay to the applicant an amount of Rs.8,000/- in all with effect from May 2008 regularly till the appeal is decided. 5. The learned counsel for the applicant submitted that the paper book is ready. Registry is directed to place the matter for final hearing on 27-11-2008. In view of what has been stated hereinabove, the civil application stands disposed of. 6. It is clarified that if the matter is delayed for some reason or the other, it will be open to the applicant to apply for further enhancement of the maintenance amount and this order is passed without prejudice to the rights and contentions of both the parties. The amount of maintenance to be paid by the respondent to the applicant within a period of two weeks from today. ( R.P.SONDURBALDOTA J. ) ( P.B.MAJMUDAR, J. )