1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7697 OF 2007 Mrs.Pallavi Amit Dubey ..Petitioner V/s. Mr.Amit Ravikant Dubey ..Respondent Mr.Rajesh S. Datar, advocate, for petitioner Mr.A.V.Chatuphale, advocate, for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : 12TH MARCH, 2008 P.C. . The order is under challenge on an application for interim maintenance. The application has been rejected on the ground that the petitioner-wife is serving in Incorporated University Sportswear and earning a salary of Rs.10,000/- per month. Bank Statement was produced and that is how the claim was denied to the wife. 2. Now Mr.Rajesh S. Datar, advocate for the petitioner invites my attention to the averments in the Writ Petition and contends that the petitioner was receiving a salary from 01/10/2006 to 2 31/12/2006. On the date of the application for interim maintenance the petitioner was not working nor was earning any income. This aspect has been overlooked, relying upon the earlier salary statement the claim was denied. The maintenance was claimed from 1st March, 2007. The impugned order is dated 31st July, 2007. 3. In my view, the Trial Court should have granted an opportunity to the petitioner to substantiate her pleas that at one time she was employed but later on, or atleast on the date she applied for interim maintenance, she has no income of her own. To permit wife to substantiate her pleas, the order under challenge is quashed and set aside and it is directed that the application for interim maintenance shall be re-heard and decided afresh by the Trial Court in accordance with law uninfluenced by any observations made earlier. The application be decided within three months from the date of appearance of the parties. Writ Petition disposed off. No costs. 3 (S.C.DHARMADHIKARI, J.)