:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 563 OF PETITION NO. 563 OF PETITION NO. 563 OF 2009 2009 2009 Mr. Santosh Bajirao Tekwade. ... Petitioner. V/s. Smt. Archana Santosh Tekwade. ... Respondent. Mr. B.G. Vaidya for the Petitioner. None for the Respondent. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 8TH 8TH 8TH MAY 2009. MAY 2009. MAY 2009. P.C. P.C. P.C. : : : . Heard Mr. Vaidya, learned Counsel appearing for the Petitioner. The Respondent - Wife is served but she is absent. 2. Mr. Vaidya states that a sum of Rs.5,000/- has been deposited in this Court but the Respondent has not entered appearance and applied for withdrawal of the same. 3. The order under challenge is passed on an Application under Section 24 of the Hindu Marriage Act, the Petitioner - husband is aggrieved by the fact that the Court below, despite him producing the documents to show his income has observed that the real income is being hidden from the Court. 4. Mr. Vaidya, on instructions, makes a statement that the litigation expenses will be deposited in the :2: Trial Court. 5. Mr. Vaidya also states that he will move the Trial Court for modification of the orders passed on the application of the Respondent - wife but until then, he would deposit a sum of Rs.2,000/- per month in the Trial Court. 6. Considering the fact that the Respondent - wife is absent and that the Petitioner - Husband is applying for modification of the order passed by the Trial Court, interest of justice would be subserved if liberty to move the Trial Court is granted, on the condition that the Petitioner - wife deposits maintenance at the rate of Rs.2,500/- per month from the date of the order of the Trial Court. If compliance is made with this condition, the Trial Court to entertain the Application for modification and pass appropriate orders thereon after hearing both sides and uninfluenced by the earlier order. If the amount of Rs.2,500/- as directed is not paid within a period of eight weeks from today, the benefit of this order shall not be available to the Petitioner - husband and thereupon he will be bound by the impugned orders of the Trial Court and will have to comply with the same. The Petition is disposed off in the above terms. All contentions of both sides are kept open. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)