1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5624 of 2009 Ganeshsinh S/o Jodhasinh Gahilot, Age 28 yrs, Occu Unemployed, R/o Chirag Galli, Tq. & Dist. Nanded. ....Petitioner. Versus Sow. Shilpa W/o Ganesinh Gahilot, Age 25 yrs, Occu. Tailor & Beauty Parlor, R/o Chirag Galli near Kachchi Masijid, Tq. & Dist. Nanded. ... Respondent Shri. S.V. Kurundkar, Advocate for petitioner. Shri M.V. Ghatge, Advocate h/f B.N. Godegaonkar, Advocate for respondent. CORAM : R.K. DESHPANDE, J. DATE : 07th July, 2010. ORAL JUDGMENT : 1. This Writ Petition is preferred by the husband, challenging the order dated 10/06/2009 passed by the learned Joint Civil Judge, Senior Division, Nanded, directing him to pay Rs. 2100/- per month towards the maintenance to the respondent/wife from the date of filing of the application i.e. 02/07/2008, till the pendency of the main petition. The petitioner /husband is further directed to pay Rs. 1,000/- per month 2 towards the proceedings expenses to respondent/wife from 02/07/2008 till the disposal of the main petition. 2. Notice in this matter was issued for final disposal on 26/06/2009, in response to the same Shri M.V. Ghatge h/f Shri B.N. Godegaonkar for the sole respondent. By consent of learned counsel of the parties, the matter is heard for final disposal. Hence, Rule made returnable, learned counsel waives of notice, the matter is heard finally. 3. It is not in dispute that the learned Judge of the Trial Court failed to record a finding in respect of monthly / yearly income of husband. The Trial Court has taken into consideration the fact that the father of the petitioner is senior lawyer and the income of the petitioner himself not must be below Rs. 50,000/- per month. This is a argument without any basis. In the absence of definite determination of income of the husband, at least on prima facie assessment of evidence no order for maintenance can be passed. In view of this, the order dated 10/06/2009, passed by the Trial Court suffers error apparent on the on face on record and the same is liable to be quashed and set aside. 4. In order to show bonafides, the petitioner husband has offered to deposit an amount of Rs. 20,000/- in the Trial Court within a period of two weeks. Upon deposit of such amount the Trial Court shall proceed to decide the application below Exh. 16 afresh, after hearing 3 both the parties and shall pass an order within period of two months from the date of deposit the amount. If, the assured amount is not deposited in the Trial Court within stipulated period, then the Trial Court shall treat this Writ Petition as dismissed and shall proceed accordingly. Both the parties are at liberty to produce all such documents as are available with support of their case. Rule made absolute in the aforesaid terms with no order as to costs. [ R.K. DESHPANDE, J. ] SDM*1033.09WP(J)