JUDGMENT

1. Rule. Rule made returnable forthwith, the Writ Petition is taken up for final disposal with consent of the parties.

2. The Petitioner- husband challenges the Order passed on Interim Application No.164 of 2021 in Petition No. A- 1744 of 2019, pending before the Family Court at Bandra, Mumbai. By the impugned Order dated 24th August 2023, below Exhibit- 12, the Judge, Family Court has

passed an order granting maintenance of Rs.15,000/- per month to the Respondent- wife till disposal of the Petition.

3. The Petitioner and the Respondent were married on 28th November 2012. According to the Petitioner, the Respondent-wife left the matrimonial home and started residing with her parents from May 2015. Due to the tantrums and ill-treatment by the Respondent, their relations were strained. Despite the Petitioner buying a new flat for the Respondent's comfort and according to her wish, her attitude did not change, and she insisted on conditions that were impossible for him to fulfill. On 7th June 2019, the Petitioner filed a petition for divorce under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act in the Family Court at Bandra, Mumbai. The Respondent-wife filed an interim application for maintenance on 29th September 2021. The application for interim maintenance was decided by the Judge of the Family Court vide order dated 24th August 2023, granting maintenance to the Respondent-wife at the rate of Rs.15,000/- per month from 01st October 2022 till the disposal of the petition.

4. The Petitioner-husband is challenging the said order on the ground that the Respondent-wife is already employed and is earning an amount of Rs.21,820/- per month. She is earning an additional income of Rs.2,00,000/- per annum through conducting tuition classes, which is duly reflected in her Income Tax Returns. Apart from that, she has an

additional income through interest on her Fixed Deposits. According to the Petitioner, the monthly income of the Respondent-wife is approximately Rs.40,000/- per month. In the affidavit of assets and liabilities filed by the Petitioner he has disclosed that his income by way of gross salary was Rs.65,774/-, and salary in hand was Rs.57,935/-. His monthly expenses comes to Rs.54,000/- per month, since he is residing with his old parents who need to be looked after and maintained by him.

5. The learned counsel for the Petitioner has relied on the affidavit of assets and liabilities filed by him to substantiate his argument that the he is unable to pay Rs.15,000/- per month to the Respondent. According to him, apart from other expenses amounting to Rs.54,000/-, he is also required to incur additional expenses towards his parents, such as their medicines, mobile bills etc. It is admitted that there are no issues from the wedlock between the parties. The learned counsel contends that the Respondent, in her affidavit disclosing her assets and liabilities, has stated that her gross salary is Rs.21,820/- and net salary is Rs.19,820/-. She is employed as an Assistant Teacher in the Holy Cross Convent High School, Thane. Furthermore, her Income Tax Returns for the years 2010-11, 2011-12, and 2017-18 disclose total incomes of Rs.1,14,785/-, Rs. 1,15,228/- and Rs.1,90,890/- respectively,

which is enough for her monthly expenses since she resides with her parents.

6. Per contra, the learned counsel for the Respondent submits that the Petitioner has suppressed material facts from this Court with an object to mislead this Court. It is her contention that, the Petitioner has filed two lists of documents before the Family Court. The first list of documents is dated 04th July 2023 in which the net salary of the Petitioner is shown to be Rs.1,51,284/- as per his pay slip for the month of April 2022 and Rs.1,17,338/- as per the pay slip for the month of September 2022. Learned counsel contends that the Petitioner has deliberately suppressed his details regarding his employment, including salary particulars, and other benefits such as p