1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.10542 of 2009 Ravi Ashok Kapoor .. .. Petitioner v/s. Mrs.Mili Ravi Kapoor & anr. .. .. Respondents Mr.Rakesh Kumar i/by Mr.V.S. Jabra for Petitioner. Mr.Sanjiv A. Sawant with Mr.Sachin Kadam for Res.No.1. Mr.S.N. Bhosale, AGP for Res.No.2. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 5th January, 2010 P.C. : 1.This Petition is filed by the Petitioner-husband, challenging the order of interim maintenance granted under Section 24 of the Hindu Marriage Act to his wife, the 1 st Respondent herein. The husband is an Engineer. His wife is a Company Secretary. The husband, as per the salary slips produced by him, earns between Rs.1 Lakh and Rs.1.5 Lakhs per month. He claims that his wife is earning Rs.42,000/- per month. She has not produced her salary slips. She claims to be earning Rs. 32,000/- per month. The husband has resigned from his job on 1.4.2009 upon being admitted to the course of IIM, Ahmedabad in January 2009. The husband, therefore, claims that since he is at present not employed, he 2 has, at present, no liability to maintain his wife and child. 2.The wife has essentially claimed the expenses incurred by her towards the school fees of the child and towards the licence fee that she has been constrained to pay upon she having been constrained to leave her matrimonial home due to disputes between the parties. The licence fee is Rs.9,000/- per month. A deposit of Rs.20,000/- is made. The school fees are in the region of Rs.5,000/- per month. Further incidental expenses for the child s admission in school, medical treatment etc., including vaccination, which have been incurred by the wife. 3.This is not a case in which the maintenance payable to the wife for each daily need is sought or is to be determined. Since the wife is gainfully employed, she being respectably educated, those expenses have not been claimed. Specific expenses, which she has been constrained to incur singly for her child and jointly with her child precisely upon she having been constrained to leave her matrimonial home, are only claimed. Consequently, the learned Judge, in the impugned order, has rightly not sought to adjudicate the amount of interim maintenance based upon her specific earnings. That aspect has been specifically 3 challenged. If the wife had required the husband to pay the maintenance for her day to day needs, the determination of her income would have been mandatory. Since that is not claimed, the exact income that she might be earning (whether Rs.32,000/- as claimed by her or Rs.42,000/- as claimed by the husband) becomes an aspect of secondary importance. 4.The learned Judge has granted maintenance such that after the wife maintains herself and her child from income that she earns, it being insufficient upto a certain point, the husband is called upon to pay maintenance, essentially for those specific expenses. Taking into account those expenses, the reasonable and moderate amount of Rs.10,000/- each for the wife and child from her husband, who earned more than Rs.1 Lakh until the previous year, is neither perverse nor extra- ordinary. No interference in the amount is, therefore, called for. 5.The Writ Petition is dismissed accordingly. (SMT.ROSHAN DALVI, J.)