1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5897 OF 2009 Dnyaneshwar s/o. Bhaulal Patil, R/o. Vaishnav Park, Nimkhedi Shivar, Jalgaon, Tq. & Dist. Jalgaon. ....Petitioner. Versus Sunanda w/o. Dnyaneshwar Patil, R/o. Prasad @ Balu Narayan Choudhary, 10-Pratap Nagar, Soygaon, Tq. Malegaon, Dist. Nasik. ....Respondent. Shri. V.P. Patil, Advocate for petitioner. Shri. R.D. Biradar, Advocate for respondent. CORAM : R.K. DESHPANDE, J. DATE : 30th June 2010. ORAL JUDGMENT : 1. This writ petition is filed by the husband, challenging the order dated 6.4.2009 passed by the learned 2nd Joint Civil Judge, Senior Division, Jalgaon below Exh. 9 in HMP No. 71/2009. By this order, the petitioner husband was directed to pay an amount of Rs. 1500/- per month as interim maintenance to the respondent and also an amount of Rs. 1500/- to her two children from the date of the application till the 2 decision of the petition. 2. Notice in this matter was issued on 7th September 2009. In response to the notice, Shri. R.D. Biradar appears for respondent wife. The learned counsels for parties agree that the matter can be finally disposed of at the stage of admission. Rule, returnable forthwith. 3. The learned counsel for the petitioner submits that the income of the petitioner per month is of Rs. 6537/-, as per the salary certificate produced in this petition. According to him, after deductions, he gets an amount of Rs. 2107/-. Hence, payment of Rs. 1500/- per month to the wife and Rs. 1500/- per month to two children is exorbitant and without any basis. He has further produced the copy of communication dated 17.7.2009 in this petition said to be issued by the Principal, Kasamade Parisar Vikas Mandal's Dr. D.S. Aher D.Ed. College, Vasaka, Vithewadi (Lo), Tal. Deola, Dist. Nasik, which is running above D.Ed. College, showing that the respondent wife is earning Rs. 12945/- per month. However, both these documents were not placed before the Trial Court when the order of interim maintenance was passed on 6.4.2009. 4. The learned counsel for respondent also admits that the respondent has stated in the application for grant of maintenance that she is unemployed. 3 5. In view of the fact that the salary certificate of the petitioner and the communication dated 17.7.2009 in respect of the income of the respondent, was not placed on record of the Trial Court, obviously, it seems that the Trial Court has applied some guess work, in arriving at finding that the petitioner has been earning income of Rs. 15000/- per month. However, since documents are produced on record, the learned counsels for the parties submit that the parties may be provided one more opportunity to raise the dispute regarding such documents placed on record and to make out their case. In view of the aforesaid position, the matter is required to be remanded back to the Trial Court by setting aside the order dated 6.4.2009, with direction to reconsider the application, Exh. 9, afresh. The parties are permitted to place on record the relevant documents in support of their rival claim. However, pending the decision of the Trial Court on the application, the petitioner shall deposit an amount of Rs. 1000/- per month from 26.4.2007 till this date in the Trial Court within a period of three weeks from today. It is only upon deposit of this amount, that the Trial Court shall take into consideration the defense raised by the petitioner. The respondent shall be permitted to withdraw such amount. 6. In the result, the instant writ petition is allowed in the aforesaid terms. The order dated 6.4.2009 passed by the learned 2nd Joint Civil Judge, Senior Division, Jalgaon below Exh. 9 in HMP No. 71/2009 is quashed and set aside. The matter is remanded back to the Trial Court 4 for reconsideration of the application, after permitting the parties to place on record the documents in support of their pleadings. The Trial Court shall decide the matter within two months of deposit of amount by petitioner. If such amount is not deposited within stipulated period, the Trial Court shall treat this writ petition as dismissed and shall proceed further in the matter in accordance with law. Rule is made absolute in above terms. [ R.K. DESHPANDE, J. ] ssc/wp5897.09