vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4883 OF 2008 WRIT PETITION NO.4883 OF 2008 WRIT PETITION NO.4883 OF 2008 Tanvi Tushar Patkar ... Petitioner V/s. Tushar Pandharinath Patkar ... Respondent Mr.V.V. Thorat for Petitioner Mr.S.D. Patil i/b S.R. Patil for Respondent CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: APRIL 23, 2009 APRIL 23, 2009 APRIL 23, 2009 P.C.: P.C.: P.C.: . The petitioner is the wife of the respondent herein. She is aggrieved by the decision of the Family Court dated 11.2.2008 by which the respondent husband has been directed to pay Rs.1,250/- per month as maintainance to her from the date of her application i.e. from 19.9.2006. According to the Petitioner, the earnings of the respondent husband which are far greater than assessed by the Family Court and, therefore, she should have been paid a higher amount of maintainance. The petitioner has placed on record in this Court certain documents which according to her indicate that the petitioner was employed as an Executive - Sales and Personnel in M/s.Comfort Coolers (Pvt.) Limited and he was drawing a salary from that company. In some months, he had received Rs.15,000/- as his salary according to the Petitioner and therefore, the respondent was in a : 2 : position to pay a higher amount to her. The petitioner is not employed and contends that it is difficult to maintain herself on the paltry amount of Rs.1,250/-. The respondent has denied the veracity of these documents. 2. Without going into the veracity of the documents produced before me by way of a compilation, in my view, it would be appropriate to remand the matter to the Family Court for a fresh adjudication in the matter. The Family Court will decide whether on the basis of the documents produced in the compilation or on any further material which the Petitioner may place on record she is entitled to a higher amount of maintainance. These documents will necessarily have to be proved by the Petitioner to establish her case for enhancement of the maintainance amount. 3. The petitioner and the respondent shall appear before the Family Court on 13.5.2009. The Petitioner shall produce the documents that she wishes to rely on and prove the same before the Family Court. The Respondent would obviously be entitled to lead evidence in rebuttal. The Family Court will then consider whether the Petitioner has made out a case for enhancement of the maintainance payable to her in the light of the fresh evidence on record. The application : 3 : shall be decided within a period of three months from 13.5.2009. 4. Writ Petition is disposed of accordingly.