1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3399/2009 Rajendra S/o Shivnath Dound Aged : 38 years, Occ-Agril R/o Kanoshi, Tq. Shevgaon, Dist.Ahmednagar .. PETITIONER [ORIG.APPLICANT] VERSUS Suvarna W/o Rajendra Dound Aged 30 years, Occ-Agril and Household, R/o Kanoshi, Tq. Shevgaon, Dist.Ahmednagar, at present Residing at C/o Uttam Pandurang Khedkar Kanoshi, Tq.Shevgaon Dist. Ahmednagar .. RESPONDENT [ORIG.OPPONENT] .... Shri B.V.Wagh,Advocate for petitioner Shri B.N.Palve,Advocate for respondent. .... CORAM : R.K.DESHPANDE,J. DATE : 10/8/2010. ORAL JUDGMENT: 1] This Writ Petition challenges the order dated 25/3/2009 passed by learned III Civil Judge, Senior Division, Ahmednagar 2 allowing application Exh.14 filed by the respondent-wife, for grant of maintenance pending proceedings. The trial Court has granted interim alimony at the rate of Rs.4000/- per month to the respondent-wife from the date of the application i.e. 28/1/2009 till the date of final decision i.e. on 25/3/2009. 2] Notice in this matter was issued on 11/6/2009 and ad- interim relief was granted in terms of prayer clause "C" of the Petition, on the condition that the petitioner shall pay an amount of Rs.2000/- p.m. to the respondent. In response to the notice of this Petition, Shri Palve, the learned counsel appears for respondent. He has pointed out that an amount of Rs.2000/- has not been paid by the petitioner to the respondent in terms of order conditional dated 11/6/2009. 3] The learned counsel for the parties submit that the matter can be finally disposed of at the stage of admission. Hence, Rule. Rule made returnable forthwith. With consent of the learned counsels for the parties, Petition is heard finally. 4] Although the trial Court has by impugned order directed the petitioner to pay interim alimony at the rate of Rs.4000/- p.m. from the date of application i.e. 28/1/2009, there is no finding recorded as to the income of the petitioner-husband. The learned counsel for the petitioner has pointed out that in the application filed by the respondent, only bald statement is 3 made that the petitioner is having crores of rupees, moveable and immoveable property. However, there is no exact income stated in the application, which the petitioner derives from all such means, every month or yearly. The trial Court has also not recorded finding as to the amount of monthly or yearly income of the petitioner. In the absence of this finding, the order of payment of interim alimony at the rate of Rs.4000/- p.m. could not have been passed. The trial Court has acted in exercise of its jurisdiction with material irregularities, resulting in failure of justice. The impugned order therefore, cannot be sustained. The same is therefore, liable to be set aside. 5] The learned counsel for the petitioner upon taking instructions from the petitioner, has made statement that the petitioner shall deposit an amount at the rate of Rs.1500/- per month from the date of application i.e. 28/1/2009 till this date, in the trial Court without prejudice to his right to defend the application. The statement made by the petitioner is thus accepted as an undertaking to this Court. The undertaking is that the petitioner shall deposit an amount of Rs.1500/- per month from 28/1/2009 till this date within a period of 4 weeks from today towards interim alimony payable to the respondent and the trial Court shall permit the respondent to withdraw the said amount. 6] In view of above, the instant Writ Petition is allowed. The 4 order dated 25/3/2009 passed by learned III Civil Judge, Senior Division, Ahmednagar below Exh.14 is hereby quashed and set aside. The trial Court is directed to decide application Exh.14 afresh. The parties are permitted to file their affidavits in support of their claims and also to place on record the documentary evidence, if available with them in support of their contentions. The trial Court shall after hearing the parties, decide the application without being influenced by any of the observations made by this Court, in accordance with law. Rule is made absolute in above terms. No order as to costs. [R. K. DESHPANDE, J.] umg/wp3399-09