1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 817 OF 2010. Sau. Vijayalaxmi Harishcnadra Gabhane -: versus :- Harishchandra Anandrao Gabhane 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. DATED : APRIL 22, 2010. Heard finally by consent of Ms. T.H. Udeshi, learned counsel for petitioner and Mrs. U.A. Patil, learned counsel for respondent. During hearing it has been pointed out to this court that the order of J.M.F.C. Court No.12 dated 05.03.2009 granting interim maintenance of Rs.5000/- and residential rights to petitioner has been modified by the Sessions Court in appeal and the petitioner has only been allowed to stay in the house with no maintenance. Perusal of the impugned order dated 11.09.2009 shows that the learned 3rd Joint Civil Judge, Senior Division, Amravati has been influenced by the said grant of Rs. 5000/- and therefore rejected the application under Section 24 of the Hindu Marriage Act. In this situation without going into the merits of the controversy, I find it proper to permit the petitioner to 2 move fresh application under Section 24 for interim maintenance disclosing correct position. The present respondent in that event also gets opportunity to file proper reply and that application can be considered by the learned trial Court in accordance with the law. It is made clear that the trial Court shall not be influenced by its reasoning in earlier order [order dated 11.09.2009 passed below Exh.12], while considering said application. With such liberty, the present Writ Petition is disposed of, with no order as to costs. JUDGE Rgd.