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Judgment
Alok Sharma, J.
This petition has been filed against the order dt. 01.08.2014, passed by the Family Court No. 2, Jaipur under Sec. 24 of the Hindu Marriage Act, 2005 whereby an amount of Rs. 10,000/- p.m. (Rs. 8,000/- p.m. for the petitioner-wife and Rs. 2,000/- p.m. for her daughter) was awarded as interim maintenance. In support of the writ petition voluminous documents which admittedly were not before the Family Court have been filed seeking enhancement of the interim maintenance.
This Court in the exercise of powers under Article 226 & 227 of the Constitution of India has only powers of superintendence and does not act as a Court of appeal. Even a Court of appeal does not take into consideration documents which were not before the Court below unless the said documents come into existence subsequent to the passing of the order by the Court below. What an appellate Court cannot do, obviously a writ Court having limited jurisdiction under Article 227 of the Constitution of India cannot do in jurisdiction lawfully exercised.
In these circumstances, counsel for the petitioner-wife seeks permission to withdraw the writ petition with liberty to the petitioner-wife to move an application for modification of the order dt. 01.08.2014, passed by the Family Court along with the documents relevant for the assessment of the income/assets of the respondent-husband.
Permission is granted. The writ petition is dismissed as withdrawn with liberty as prayed for.