1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 280 of 2010 PETITIONERS : Bhimrao S/o Sakharam Tayade, Aged 48 years, Occu. Service, R/o Kapsi Road, Kapshi, Tah. & Dist. Akola. ..VERSUS.. RESPONDENTS : 1] Chhaya W/o Bhimrao Tayade, Aged about 42 years, Occu. Business, 2] Ashish S/o Bhimrao Tayade, Aged about 22 years, Occu. Student, 3] Akshay S/o Bhimrao Tayade, Aged about 19 years, Occu. Student, All R/o Kothari Watika Road, Asra Colony No.3, Akola. Tah. Dist. Akola, and also C/o Ashish Automobiles, Shop No.10, Gandhi Chowk, in front of Kachghar, Akola, Tah. & Dist. Akola. 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 : MARCH 18, 2010. Heard finally learned Advocate Mr. J.B.Kasat with Advocate Shri Vinay Dahat for the petitioner and learned Advocate Mr. C.A.Joshi for the respondents. Admittedly, respondent no.2 Ashish was major and hence, the interim maintenance could not have been given to him. According to the petitioner, son Akshay was also major 2 and he has pleaded so in his reply dated 3.11.2006. The memo of writ petition filed before this Court on 16.12.2009 shows age of Akshay to be 19 years. It is, therefore, obvious that in 2006, when the reply was filed by the petitioner husband before trial Court, son Akshay was minor. The petitioner has not given any date of birth of Akshay to show that at the relevant time, he was major. If Akshay has attained majority lateron, it is open to the petitioner to move appropriate application before trial court to point out that fact. In the circumstances, the order of learned trial court, passed below Exh.9 on 14.9.2009, granting interim maintenance to respondent no.2 Ashish, is quashed and set aside. Rest of the order is maintained as it is with liberty to the petitioner to move trial court, if son Akshay has attained majority after said order was passed. Writ Petition is, therefore, partly allowed and disposed of accordingly. No order as to costs. JUDGE Diwale