1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.153 of 2008 In Family Court Appeal No.65 of 2007 Mrs.Elizabeth Peter Lobo Applicant Vs. shri Peter Lawrence Lobo Respondent Mr.glenn a. Lobo for applicant. Mr.D.A.Athavale for respondent. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. July 29, 2008 P.C. . Heard Mr.Lobo, the learned counsel for the applicant - wife. The respondent - husband had filed M.J. Petition No.A-2058 of 2004 before the Family Court at Bandra for a decree of divorce and the said petition came to be dismissed on 5th March 2007. The husband has, therefore, filed Family Court Appeal No.65 of 2007 which has been admitted and hence this application praying for directions against the husband to pay maintenance at Rs.10,000/- per month. . On 1/7/2008 this Court while considering this application passed an order directing the applicant to produce her salary slip and also to produce evidence, if any, to substantiate her case that the respondent - 2 husband is earning Rs.30,000/- per month. Despite adjournments granted in this application, the applicant - wife has neither produced her salary slip nor any documentary evidence to substantiate her contentions that the respondent - husband is earning Rs.30,000/- per month. . On the contrary the respondent - husband has filed affidavit-in-reply and stated that as of now he is unemployed, he does not have his own house to stay and he is staying with his spinster sister in Vile Parle area in a room admeasuring about 240 Sq.Ft. with a common toilet. The husband has further alleged that the applicant - wife is employed and draws a monthly salary of Rs.15,000/- and she is also running a nursery from her sister’s flat at Sanpada. Thus both the parties have made allegations and counter allegations against each other regarding their employment as well as income. . Admittedly when the husband’s divorce petition was pending before the Family Court, the wife did not make any application claiming for maintenance and, therefore, it would be permissible to presume that she had financial support to maintain herself. Despite 3 the directions of this Court, she did not bother to bring on record her salary slip. In an application for maintenance filed in a pending appeal, it would not be possible for this court to record oral evidence, more so when the wife having taken over the responsibility to produce the documents to substantiate her claim regarding the husband’s income, fails to do so. . Hence the application is rejected. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)