REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5660 OF 2010

(Arising out of SLP (C) No. 6736 of 2007)

Neeta Rakesh Jain

…. Appellant

Vs.

Rakesh Jeetmal Jain

….Respondent

JUDGMENT

R.M.LODHA,J.

Leave granted.

2.

The order dated September 21, 2006 passed by the High

Court of Judicature at Bombay (Appellate Side), which fixes the

interim maintenance at the rate of Rs. 12000/- per month pending

appeal, is under challenge at the instance of the wife – appellant in

this appeal by special leave.

3.

The parties were married on May 8, 1995. The

respondent-husband petitioned for divorce under Section 13 (1) (ia)

and (ib) of the Hindu Marriage Act, 1955 (for short, `the Act’) on the

ground of cruelty and desertion against the wife. The Principal

Judge, Family Court No. 5, Pune, passed an ex-parte decree on April

7, 2005 dissolving the marriage between the parties on the ground of

cruelty. The wife has preferred an appeal before the Bombay High

Court challenging the ex-parte decree. The appeal has been

admitted. On July 18, 2005 an ad-interim order was granted staying

the operation of th