5.The impugned order pertains to grant the interim
maintenance. It is the claim of the husband that at the relevant time
he was unemployed. It appears that no documents were produced on
record to show his past income or to show the means of his survival
after being unemployed.As such, the Family Court has taken into
consideration his probable monthly income at Rs.15,000/- which
cannot be faulted with. The petitioner has been unable to demonstrate
that the wife has source of income and has means of survival. The
Petitioner is bound to maintain his wife and two children and the
reason of unemployment cannot be a ground to refuse interim
maintenance as the Petitioner is an able bodied person. It is not
demonstrated as to how the Petitioner is surviving without
employment. In any case, in the absence of any material on record at
the stage of grant of interim maintenance the sum of Rs.4000/- for the
wife and Rs.2000/- each to the school going children cannot faulted
with. The Petitioner can raise all contentions and lead evidence in
support of his contentions that the wife has her own source of income
during the trial. At present the question being grant of interim
maintenance, there is element of guess work involved, in the absence
of any documents produced by either party, and as such the grant of
interim maintenance to the wife and two minor children cannot be
faulted with.
