1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4941 OF 2009 (Smt. Savita D. Bhagat & Anr. vs. Dnyaneshwar W. Bhagat) 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. MARCH 10, 2010. Heard finally Shri Murthy, learned counsel for the petitioners and Shri Sable, learned counsel for the respondent. The petitioners before this Court are mother and child who had moved an application under Section 18 read with Section 20 of Hindu Adoption and Maintenance Act, 1956, in H.M.P. No. 129 of 2008 and sought maintenance of Rs.5,000/- for each of them. 6th Joint Civil Judge, Senior Division, Nagpur, vide impugned order dated 14.09.2009 granted interim maintenance of Rs.800/- per month by treating that application as under Section 24 of the Hindu Marriage Act to the wife with litigation charges of Rs.1,200/-. Shri Murthy, learned counsel argues that the application was not under Section 24 of the Act and entitlement of wife and child ought to have been considered separately. He points out that the applicants have contended that the respondent is earning Rs.5,000/- per month from cultivation. The 2 lower court has not recorded any finding in this respect. Shri Sable, learned counsel, on the other hand, states that the annual income of respondent is not more than Rs.18,000/- and he relies upon income certificate issued on 16.01.2010 by the Naib Tahsildar, Parseoni. He further relies upon reply affidavit to state that only one acre land is with the respondent and he mostly works as agricultural labour in the fields of other. The impugned order shows that the agricultural property standing in the name of father of respondent and hence trial Court has not accepted that he is cultivating it. It had not recorded any finding about the income of the respondent. The income certificate is produced for the first time before this Court. In any case, the respondent has to support his wife and child. Child is stated to be two years old now. In the circumstances, child is given separate interim maintenance of Rs.750/- per month from the date of application i.e. from 13.04.2009. The impugned order passed below Exh. 13 on 14.09.2009 is modified only to that extent. Writ Petition is disposed of. Rule accordingly. No order as to costs. JUDGE *GS.