1 HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 502 OF 2009 Shakil Ali Abdulla Shaikh ... Petitioner. Vs. Shirin Shakil Shaikh & Ors. ... Respondents. Mr. Prashant Patil i/b C.P. & Associates for Petitioner. Ms. S.V. Gajre, APP for State/Respondent No.2. CORAM: A.S. OKA, J. DATE: 24TH APRIL, 2009. P.C. 1 This petition has been filed by the Petitioner-husband challenging the interim order passed by the learned Family Court by which interim maintenance is granted in favour of the Respondent-wife, pending a petition under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as “the said Code”). 2 By the impugned order, the Petitioner has been directed to pay interim maintenance at the rate of Rs.10,000/- per month. 3 The submission of the learned counsel appearing for the Petitioner is that till 2007, the Petitioner was gainfully employed in the United States of America and he was forced to come back to India. He stated that now the Petitioner has no income and he is staying at Goa at the mercy of his father. Therefore, he submitted that the amount fixed by the Family Court is exorbitant. 4 In the application under Section 125 of the said Code, the first Respondent-wife has claimed maintenance at the rate of 2 Rs.50,000/- per month. In the petition, the first Respondent has stated that the Petitioner was doing business in the United States of America. 5 The fact that the Petitioner was working in the United States of America is not disputed by the Petitioner. Now, his contention is that he had to come back from the United States of America. There is no specific averment in the reply to the interim application by the Petitioner that he is unable to earn any income or that he is surviving at the mercy of his father. The petitioner is an able bodied person. 6 Considering all these aspects, the order passed by the Family Court directing to pay interim maintenance of Rs.10,000/- per month is legal and proper and no interference is called for. Therefore, the petition is disposed of. 7 The main petition under Section 125 of the said Code pending before the Family Court shall be disposed of as far as possible preferably before the end of September 2009. JUDGE