GUNVANT C. PATEL Vs. MEENA G. PATEL

JUDGEMENT

(1.) This revision by the husband is directed against the order dated May 2, 1983, passed by the City Civil Court on the wife's notice of motion for interim maintenance and costs of the proceedings. The learned trial Judge ordered interim maintenance at the rate of Rs. 8,000 per month and costs of Rs. 15,000.

(2.) In this revision against the said order, I have heard Mr. J.I. Mehta, learned Counsel for the petitioner-husband and Mr. T. N. Subramanian, learned Counsel for the respondent-wife.

(3.) Hearing the rival submissions of the respective Counsel and going through the impugned order and the facts and circumstances, to which my attention was invited by the respective Counsel, I do feel that the quantum of maintenance at the rate of Rs. 8,000 per month is certainly on the high side. The instant proceedings are after all for interim maintenance pending the hearing and final disposal of the main matrimonial proceedings. The amount, to which the wife would be entitled pending the main proceedings, should be a fair and reasonable amount satisfactory enough to maintain herself as the wife of her husband and in a manner and style in consonance with their status. Interim maintenance proceedings cannot be equated with proceedings skin to partition and possession of a share in the family properties. All that the Court has to consider is what, in the facts and circumstances of each case, would be an amount fair and just which should be awarded by way of interim maintenance to the wife in consonance with the status of her matrimonial home and of course, in consonance with the life style of her own husband whose wife she continues to be. In the entire context, I am not inclined to accept the figure of Rs. 8,000 per month as interim maintenance. As indications on the high side.