1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4775 OF 2010 (Smt. Chhaya Ravindra Warankar vs. Ravindra Ganeshrao Warankar) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 07, 2010. Heard Shri Mundra, learned counsel for the petitioner – wife and Ms. Saware, Advocate holding for Shri Upadhye, learned counsel for the respondent. The short contention of Shri Mundra, learned counsel for the petitioner is, annual income of Rs. Four lakh asserted repeatedly before the trial Court and not traversed by the respondent has been overlooked and a finding that wife did not produce any material to substantiate that income of the respondent – husband has been recorded. According to him, because of that annual income, monthly maintenance of Rs.25,000/- was claimed and the maintenance of Rs.7,700/- per month being received under the Protection of Women from Domestic Violence Act was also disclosed. The learned counsel states that said maintenance can be adjusted towards total claim of Rs.25,000/- per month. The learned counsel for the respondent states that the respondent has filed appeal against the orders passed under Domestic Violence Act and there the quantum of annual income has been denied. 2 Consideration in that appeal preferred under Domestic Violence Act is not relevant at least at this stage. I find that in this matter, the respondent – husband did not produce any material to show his annual income. The annual income is alleged to be including commission received by him from the LIC. The respondent, therefore, could have very well produced documents to show his annual income. In this situation, interest of justice can be met with by permitting the parties to produce the material to bring on record that income. The impugned order dated 21st June 2010 passed below Exh. 10 by 2nd Joint Civil Judge, Senior Division, Amravati, is quashed and set aside only for that purpose. The application under Section 24 of the Hindu Marriage Act, 1955, is filed by the petitioner claiming maintenance for herself, her minor child and litigation expenses. The 2nd Joint Civil Judge, Senior Division, Amravati, to decide the appeal after giving parties reasonable opportunity as mentioned above. The appropriate orders in this respect shall be passed by 31st March 2011. The parties to appear before the trial Court on the next date of hearing and communicate these orders to it. Writ Petition is disposed of accordingly. No order as to costs. JUDGE *GS.