JUDGMENT :-

1. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

2. The Petitioner challenges the judgment and order dated 22.08.2023, passed by the Judge, Family Court No.7, Bandra, Mumbai, below Exhibit 10A, in Petition No. A 1899 of 2020, a prayer is made to set aside the said order and enhance the interim maintenance to Rs. 3,50,000/- p.m. or such other and higher amount as this Court deems fit, just and proper, from the date of the application filed by the Petitioner.

3. The undisputed facts of the case are that, the petitioner and the Respondent were married on 11.04.2014. There are two minor children (1) Sana Amit Khajanchi born on 31.12.2008 and (2) Yana Amit Khajanchi born on 27.01.2014. The Petitioner has completed her education up to 12th Class and is a home-maker, while the Respondent is a graduate in Commerce. He works along with his father, and is managing the family business, namely,

‘Khajanchi Exports’. The Respondent filed Petition for Divorce on 10.09.2020, in the Family Court at Bandra, which is numbered as MJ Petition No. A-1899 of 2020. The Petitioner also filed maintenance Petition No. C-2 of 2021 on 04.12.2020 for maintenance under Hindu Adoption and Maintenance Act, 1956. During the pendency of maintenance Petition filed by the Petitioner, she had also filed an interim maintenance application under Section 24 of the Hindu Marriage Act, 1955 (“HMA”) in the Divorce Petition filed by the Respondent.

4. During the pendency of the interim maintenance application, interim Consent Terms were entered into between the parties on 12.02.2021, thereby agreeing for an amount of Rs. 20,000/- p.m. to be paid by the Respondent, towards daily expenses of the Petitioner and her two daughters. The arrangement as per the Consent Terms continued till the decision in the Interim Application for maintenance which was decided vide order dated 22.08.2023, partly allowing the application, by directing the Respondent-Husband to pay interim maintenance of Rs. 50,000/-

p.m., each to the Respondent-Wife and their two daughters, from the date of passing of the order. It is this order passed by the Judge, Family Court, Mumbai, passed below Exhibit 10-A, dated 22.08.2023, impugned in this Writ Petition.

5. The learned Advocate Mr. Samarth Moray, appearing for the Petitioner submits that, it needs to be appreciated that, the Petitioner is educated only up to 12th Standard, and she is not trained to do any work. She is a home-maker, with no special skills necessary for being employed. She does not have any independent source of income to maintain herself and their two daughters. Therefore, she has claimed interim maintenance of Rs. 3,50,000/- for maintenance of herself and her two daughters from the Respondent. On the contrary, the Respondent is coming from a wealthy background, enjoying sound financial position. In the affidavit of assets and liabilities filed by the Respondent, the monthly income disclosed by the Respondent is Rs. 3,98,870/- p.m. In his affidavit of Assets and Liabilities he has disclosed that, he owns a two BHK Flat at Lodha Amara and has inherited

residential property at Bhagya Apartments, Prabhadevi, Dadar, Mumbai where he is presently residing. He has 1/3 share in the family business ‘M/s. Khajanchi Exports’, which deals in export of food items where he is a partner.

6. On this background, the Petitioner had claimed Rs. 3,50,000/- towards maintenance of herself and her two daughters which is proportionate to the income of the Respondent, and commensurates with the life-style enjoyed by the Petitioner and her two daughters.

7. It is submitted that, in the Affidavit of Assets and Liabilities, the Respondent has suppressed the complete details of his other sources of income from the properties, viz., rental income from Saba Palace, Khar West, Mumbai, and Bhagya Apartments, Dadar, Mumbai, where he is residing since December 2020.

8. It is further submitted that, the ‘Family Trus