1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1479/2010 ( Shri Vishal S/o Dashrathbhai Patel -: VERSUS :- Smt. Kavita W/o Vishal Patel & others ) 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 : JULY 22, 2010. Heard Adv. Shri Prasad for petitioner and Adv. Shri Dixit for respondent nos.1 and 2. Adv. Prasad states that the petitioner's wife made a specific statement that she has no source of income and on that basis interim maintenance was granted to her. After getting knowledge, petitioner has produced copies of her income returns for the year 2005 – 2006 showing that her income during that year was Rs.1,41,560/-. He further states that now the similar documents showing her income are also procured. A false statement was made before the Trial Court by the petitioner's wife, hence the order of interim maintenance deserves to be quashed and set aside. Adv. Dixit states that on the basis of these documents already an application for review is filed by petitioner before the Trial Court at Gondia and the same is being considered. Adv. Prasad states that he has no instructions about filing of 2 any such application for review. I do not find it necessary to go into this controversy as on the basis of documents received by petitioner and looking to the facts of the case, the order of interim maintenance needs to be looked into again. The petitioner has liberty to file such application or if such application is already filed, the same shall be decided by the Trial Court in accordance with law as early as possible and in any case within a period of 3 months from today. It is made clear that till then the order passed below Exh.5 dated 27th of January 2010 shall not be given effect. It is also clarified that observations in said order shall not influence the Trial Court while considering the application moved by the petitioner. With these observations and directions writ petition is disposed of. No order as to costs. JUDGE Tambaskar.