1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No.1284 of 2008. [Mr. Kailash S/o Parasram Dhankarni] VS. [Smt. Anita W/o Kailash Dhankanmi] ----------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri S. V. Akolkar, Advocate for the petitioner. Coram: A. H. JOSHUI, J. Dated: 25th March 2008. 1. Learned Advocate for the petitioner states that he could not get instructions to withdraw the petition. 2. Heard Learned Advocate Mr. Akolkar for the petitioner again. He has tendered for perusal of the Court copy of Salary Certificate, which indicates that the petitioner's income is over Rs.34,000/-. Considering the deduction, his take home salary is shown to be Rs.15,000/-. It is seen that the deductions are of housing loan and computer loan etc. 3. It is seen from the impugned order that the Trial Court has 2 considered the average income, and earning of the petitioner to be within 25 to 30 thousand, and based on this, the amount of maintenance of Rs.5000/- per month is awarded. 4. In the oral submissions, Learned Advocate Mr. Akolkar for the petitioner has emphasised that the respondent is a Practicing Lawyer, and she would not be without any income. The petitioner has chosen to leave the Court in the field of speculations. Instead, the petitioner could have exerted, and brought some evidence to suggest that she is either a junior or senior Advocate, and has frequent appearances in the Court thereby driven the Court to draw an inference that she at least earns something, and this would have helped in reducing the burden of the petitioner. The petitioner has chosen to be suppine. 5. Learned Advocate Mr. Akolkar has informed the Court that due to non- 3 payment of maintenance, the defence of the petitioner is struck off, and now the case is fixed for hearing tomorrow. In the event the petitioner wants to pay, he may show his bonafides by making the payment to the respondent by depositing the amount to such extent now it would be possible for him, and preferably to the full extent, and upon showing such bonafides, the petitioner may approach to the Trial Court for recalling the order of striking of the defence or adjournment, and then cooperate the hearing. 6. In these premises, no further orders are necessary. 7. Petition is dismissed. JUDGE Sbm