1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.153/2009 PETITIONER:- Smt. Vidya w/o Anil Gedam Aged about 38 years, Occ. Nil R/o Bajeriya, Nagpur, Tq. & Distt. Nagpur. ...V E R S U S... RESPONDENT:- Anil s/o Shankarrao Gedam Aged aboaut 40 years, Occ. Service, R/o Takia, Near Zenda Chowk, Nagpur, Tah. & Distt. Nagpur. ------------------------------------------------------------------------------------------------- [Shri Manoj Kariya, Adv. for petitioner] ------------------------------------------------------------------------------------------------- CORAM:- A.B. CHAUDHARI, J. DATED :- 21.03.2009 O R A L J U D G M E N T 1. Rule. Rule returnable forthwith. Heard finally by consent of the parties. 2. In my opinion, it is not necessary to issue notice to the other side for disposing of the present petition. Order dated 29.9.1998 made by the Principal Judge, Family Court on application for grant of interim maintenance pending the main petition is under challenge in the 2 present petition. There is averment in paragraph No.3 of the main application that the non-applicant is working as a police constable with M.I.D.C. Police Station, but this averment is absent in the application for grant of interim maintenance and taking advantage of that the non-applicant chose to keep quiet on his employment. Acting on this type of pleadings, the trial Court rejected the application for interim maintenance and in my opinion, rightly. But then the applicant cannot be put to injustice merely because the applicant did not aver in her application for grant of interim maintenance, the necessary required pleadings or that she did not file salary certificate or appointment order or certificate from the concerned police department, showing that the non-applicant has been working as police constable. In my opinion. I will not be wrong in allowing the applicant to withdraw the application for grant of interim maintenance because since the fact that the non- applicant is police constable or not is a matter of record. Hence, I make the following order. 3 3. Rule is partly made absolute. On the motion moved by learned Counsel for the applicant, application for grant of interim maintenance is allowed to be withdrawn with liberty to file fresh application before the Family Court. Consequently, the impugned order is set aside. JUDGE ssw