1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3711 OF 2008 (Nanda Chainlal Rane vs. Chainlal Somaji Rane) 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. DECEMBER 01, 2008. Heard finally as per notice issued on 27.08.2008. Shri Bapat, learned counsel for the petitioner points out that the return of income submitted by present respondent was procurred by the petitioner under Right to Information Act and return shows the monthly income of the present respondent to be Rs.23,600/-. He points out that this was the grievance made before the trial Court and interim maintenance of Rs.20,000/- per month was claimed. The trial Court did not record any finding about the monthly income of the respondent. The trial Court had directed the respondent to produce salary certificate but it was not produced. Even before me, the respondent is not appearing though the matter was passed over. Considering the salary certificate produced, I find it proper to permit lower Court to 2 reconsider the application of the petitioner for grant of interim maintenance and for that purpose only the application is restored back to the file of Civil Judge, Senior Division, Gondia. It is made clear that the observations and findings in its order dated 10.7.2008 shall not come in the way of said Court while reconsidering the claim of the petitioner on the basis of salary certificate and such other material which is produced by the petitioner and shall pass appropriate further orders in accordance with law. The fresh decision in this respect be taken as early as possible and in any case by 31st January 2009. Writ Petition is disposed of. Rule accordingly. The respondent to pay Rs.2,000/- to the petitioner as cost of present writ petition. JUDGE *GS.