1 (903) WP 6795/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 6795 OF 2010 Jimisha Abhay Mehta .. Petitioner Vs. Abhay Ramniklal Mehta .. Respondent Mrs. Nityoah Mehta a/w Mr. Jay Mehta i/b Nityoah Suneel & Associates for the Petitioner. CORAM : MRS. ROSHAN DALVI, J. Date : 8th December, 2010 P.C. 1. The Petitioner wife has applied for enhancement of the maintenance amount granted by the Family Court, place for her residence, a car, club membership etc. 2. The Petition is filed on the premise that the husband is in a very affluent circumstances, has about 8 flats in his name or belonging to his HUF, 8 cars and club membership etc. 3. Interim application is required to be made and interim maintenance is required to be granted to wife who is incapable of maintaining herself for her support and sustenance. The extent of the properties and amount applied for itself shows that it falls outside the purview of law relating to interim maintenance. The wife would be entitled to have an equal share in husband’s property, which may include club memberships etc., upon making out a case at the stage of the trial. 2 (903) WP 6795/10 4. Counsel on behalf of wife fairly concedes that the wife shall make her application for permanent alimony at the time of trial on merits of the case. 5. The Petitioner wife has also applied for costs of the litigation. Those costs have not been granted in the trial when the order of maintenance was passed. She pressed for costs. It is seen that the wife is capable of litigating against her husband. At present, therefore, the order not granting costs does not deserve to be interfered with. However the costs actually incurred by the wife may be claimed by her as costs of the Petition at the time of final hearing of the Petition on merits. 6. This Petition is dismissed. ( ROSHAN DALVI, J.)