1 (39) WP 8551/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 8551 OF 2010 Ritika Kishore Khilnani .. Petitioner Vs. Kishore Mulchand Khilnani .. Respondent Mr. S. H. Joshi for the Petitioner. Mr. Kishore Mulchand Khilnani, the Respondent present. CORAM : MRS. ROSHAN DALVI, J. Date : 27th January, 2011 Oral Order 1. The Petitioner wife has challenged the order of interim maintenance and applied for enhancement. 2. Interim maintenance amount can be ascertained only upon a prima facie case being made out before complete evidence is led by parties. It is, therefore, a reasonable, approximate amount directed to be paid by the husband to a wife who cannot maintain herself. Further enhancement would also have to be granted upon similar consideration. Once an amount is granted by the Court as a reasonable maintenance amount, it cannot be altered upon the same facts and circumstances, unless it is shown to be wholly unconscionable or arbitrary. A higher amount, therefore, can be considered only upon full and complete evidence led by both parties. The Petitioner wife would be required at the trial to show further documents of the husband’s further income which she claims he earned. That would be upon production of the documents of income tax, bank accounts etc. of the 2 (39) WP 8551/10 husband which the wife could be entitled to call upon the husband to produce. It is only upon such further documents, that the enhancement of the amount can be considered. That has yet not been done. That cannot be done in a Writ Petition. 3. The Petitioner shall proceed with the Petition to file her affidavit of examination-in-chief, call upon documents required to be produced by the Respondent husband, tender evidence of herself and other witnesses so that the final amount can be determined by the Court. Until such exercise is undertaken, interim maintenance amount cannot be altered or enhanced. 4. Hence the Writ Petition is dismissed. ( ROSHAN DALVI, J.)