SWATI VEDANT JATIA Vs. VEDANT VIJAY JATIA

JUDGEMENT

(1.) The present Writ Petition is filed by the petitioner, challenging the order dated 11th September 2017 passed by the Family Court No.4, Mumbai, thereby partly allowing the application filed by the petitioner seeking maintenance for herself and for her two children. The petitioner is aggrieved by the said order since she is awarded an amount of Rs.25,000/ per month and an amount of Rs.25,000/ each has been awarded to her two children, and according to the petitioner, the said amount is not befitting the status of the parties. According to the petitioner, the Judge, Family Court has erred in granting the said amount without taking into consideration the earnings of the husband, the requirement of the wife and children and specifically considering the status of the parties.

(2.) In order to appreciate the challenge raised in the petition, it would be necessary to briefly deal with the facts leading to the filing of present petition.

(3.) On an application filed by the petitioner below Exhibit108, seeking interim maintenance for herself and her children, the Family Court has passed an interim order. By the application, the petitioner claimed maintenance of Rs.5,00,000/ (Rupees Five lakhs) for herself and Rs.1,50,000/ (Rupees One lakh Fifty thousand) for every child i.e. total amount of Rs.8,00,000/ (Rupees Eight Lakhs) was claimed by her by way of monthly maintenance. As against this, the Family Court has granted maintenance of Rs.75,000/ in total to the petitioner and her children and it is this order which is assailed by the petitioner.