: 1 : cwp-2200-11=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.2200 OF 2011 Mr. Mitesh Himanshu Jani .. Petitioner v/s. Dr. Vijayalaxmi Mitesh Jani .. Respondent ......... Mr. Nikhil Karnawat for the petitioner None for the respondent ......... CORAM : R.Y.GANOO, J. DATE : 5th APRIL, 2011 P.C. : 1. Heard learned Counsel for the petitioner at the stage of admission. The petitioner has filed proceedings under the Hindu Marriage Act, 1955 before the learned Civil Judge, Senior Division, Pune being Marriage Petition No.688 of 2009. The respondent herein filed application for maintenance for herself and for minor child under Section 24 and 26 of the Hindu Marriage Act, 1955 as and by way of interim maintenance. The said application was decided by the learned Civil Judge, Senior Division, Pune by order dated 5th January, 2011. The said Court ordered petitioner to pay a sum of Rs.15,000/- to the respondent-wife and a sum of Rs.10,000/- to child Atharva till the : 2 : cwp-2200-11=.sxw disposal of the case. 2. The petitioner has challenged this order dated 5th January, 2011. As the matter was called out, learned Counsel appearing on behalf of the petitioner stated across the bar upon instructions that the petitioner is not challenging order of maintenance passed in favour of the child Atharva. He submitted that the petitioner is challenging the order of maintenance qua the respondent-wife. 3. Heard learned Counsel for the petitioner. According to the learned Counsel for the petitioner, the respondent came back to India without reasons. Since the order was passed at the interim stage of the main proceedings, it would not be proper for this Court to go into the question as to whether the respondent erred in coming to India without any justification. 4. Learned Counsel for the petitioner contended that the petitioner has to spend money for his sustenance in America and the petitioner has to support his parents in India. The petitioner is earing 7,500/- to 8,000/- per month in American Dollar. In the impugned order there is a reference to the petitioner earning about 70,000/- to 80,000/- per month American dollars. According to learned Counsel for the : 3 : cwp-2200-11=.sxw petitioner the figures of Salary mentioned in the impugned order are incorrect. I am prepared to accept the statement made by the learned Counsel for the petitioner before this Court and hold that the salary of the petitioner is in the range of 7000/- to 8000/- per month American dollars. If these figures are accepted and converted into Indian rupees, the income of the petitioner would be Rs.3,50,00/- to 4,00,000/- per month. 5. Learned Counsel for the petitioner contended that petitioner has to support his parents. However, petitioner could not point out to this Court in the proper manner as to in what way he is supporting his parents, whether his parents really require financial support and other aspects. The figures submitted by the petitioner clearly go to show that petitioner is in high income bracket. It is true that the respondent is earning sum of Rs.25,000/- per month by working in the School. Surely, the respondent should get every month a particular amount looking to the standard of the petitioner and that is how the petitioner has been ordered to pay a sum of Rs.15,000/- per month to respondent. In view of this, impugned order does not require any interference. 6. For the reasons mentioned aforesaid, the petition is required to be dismissed at the stage of admission. Hence, following order is passed. : 4 : cwp-2200-11=.sxw ORDER (i) Petition is dismissed at the stage of admission with no order as to costs. (R.Y.GANOO, J.)