IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
REVIEW PETITION No.4 of 2017
IN CIVIL APPLICATION No. 280 of 2015
IN FAMILY COURT APPEAL No.135 of 2010
Mayur Jaswantray Doshi ..Petitioner. Vs Rupal Mayur Y. Doshi ..Respondent.
CORAM : V.M. KANADE & C.V.BHADANG,JJ. DATED : 28th April, 2017.
9) We have carefully considered the rival circumstances and the submissions made and we find that no case is made out for reviewing the order. In the order dated 28th November, 2016 this Court had found that an adverse inference needs to be drawn against the review petitioner for not showing his correct income. This is apparent from the fact that although in the year 2005-06 the petitioner has shown to have earned Rs.86000/- as net income, he claims to have paid Rs. 22 lakhs as labour charges, which, in our view, is not acceptable. The maintenance of Rs.7000/- per month which was granted by the Family Court in the year 2010, after which there is substantial escalation of the prices and the living expenses. The quantum of maintenance depends on the need of the wife and children who are of growing age and the capacity of the husband to pay such maintenance. It is well settled that the husband is under a legal and moral obligation to maintain the wife and children and the quantum of maintenance should be such as to entitle the wife and the children to have the same standard of life as that of the husband. By an order dated 28th November, 2016 the petitioner was directed to file an affidavit along with income-tax returns, also of his brother and to disclose on oath whether the petitioner and the respondent were carrying on joint family business. That affidavit is not filed. In our considered view, this Court was justified in drawing an adverse inference and granting enhancement of maintenance @ Rs.25,000/- per month. It is significant to note that the said enhancement has been granted from the date of the order. We do not find that a case for review is made out. The application is without any merit and is accordingly dismissed.
