1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.2095 OF 2009 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.K.J.Somane for the petitioner. Ms.Chaitrali Deshmukh for the respondent. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 03.03.2009 : 03.03.2009 : 03.03.2009 P.C. The petitioner/husband has challenged the impugned order dated 13.06.2008 though after some time, yet the fact remains that at ad-interim stage, by this impugned order, the court directed the petitioner to pay Rs.7000/- per month to the respondent/wife, pending matrimonial suit before the Civil Judge, Senior Division, Nasik. To the respondent’s reply, the petitioner has filed rejoinder. In a way for the first time, the parties have placed documents on record in support of their rival contention, which were admittedly not available 2 when the impugned order was passed. Therefore, without observing anything on the merit of the matter and in the interest of justice, I am inclined to set aside the impugned order dated 13.6.2008 with the direction to the trial court to decide the application of interim maintenance preferably within two months. The parties are at liberty to place documents or additional affidavit on record. After hearing both the parties, the trial court may pass the order uninfluenced by the present order. However, it is made clear, the petitioner who has deposited Rs.28,000/- pursuant to order dated 24.2.2009, the respondent/wife is permitted to withdraw the same. The writ petition is accordingly allowed in the above terms. No costs. (ANOOP (ANOOP (ANOOP V. MOHTA,J.) V. MOHTA,J.) V. MOHTA,J.)