2107cwp01.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRI. WRIT PETITION NO. 01 OF 2009 Wamanrao Rishi Bansod Patil vs. Sou. Damyantibai Wamanrao Bansod & others ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------- Mr. C.F. Bhagwani, Advocate for the petitioner. Mr. D.B. Yengal, A.P.P. for respondent No. 3. CORAM:- R. Y. GANOO, J. DATED :- 21st JULY, 2009. 1. Heard. 2. Respondent No. 1 had filed application for maintenance under Section 125 of the Code of Criminal Procedure being Petition No. E-112/2008 in the Family Court at Nagpur. Respondent No. 1 had filed application for interim maintenance. The learned Judge, Family Court, Nagpur by order dated 05/12/2008 directed that respondents No. 1 and 2 each be paid sum of Rs. 600/- per month. This order is challenged in this Court. 3. I have heard learned Advocates on both the sides. According to the petitioner respondent No. 1 is earning money on the basis of her ownership in the land bearing gat No. 369. He states that the petitioner is old aged person and not earning 2107cwp01.09.odt 2/2 anything. He initially stated that there is no income from the land. However, at later point of time submitted that the said land has been disposed of. It is specific case of respondent No. 1 that the petitioner is owner of the land and earning agricultural income. In the written statement, it is nowhere stated that the said land has been disposed of. Order dated 05/12/2008 has been passed by taking into consideration the land held by the present petitioner. 4. In my view, there is no need to interfere in the impugned order in absence of the particulars of income furnished by the petitioner. Hence, the petition can be dismissed. However, by way of indulgence, I am inclined to direct the Family Court to dispose of the application for maintenance on or before 30/11/2009. Hence, the order: i) The petition is dismissed. ii) The learned Judge of the Family Court at Nagpur to whom petition No. E/112/2008 is assigned shall hear and dispose of the said petition as expeditiously as possible and preferably by 30/11/2009. JUDGE wwl