1 caw1508-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1508 OF 2010 IN WRIT PETITION NO.7085 OF 2008 Ms.Aparna Vinod Shenai ..Applicant. Versus Vinod Dattaram Shenai ..Respondent. Mr.Hitesh P. Vyas with Mr.Ajit Kulkarni for the applicant. Mr.Dharmesh Jain i/by Mr.P.M. Shah for the respondent. CORAM : J.P. Devadhar, J. DATE : 25th February, 2011. P.C. : 1. Writ Petition No.7085 of 2008 filed by the respondent – husband was disposed off by an order dated 11-12-2008. The writ petition was filed to challenge the decision of the Family Court allowing maintenance to the applicant– wife. While affirming the order of the Family Court, this Court on 11-12-2008 directed the respondent – husband to deposit the arrears of maintenance as per the order of the Family Court within a period of six weeks from 11-12-2008. This Court, however, restrained the applicant – wife from withdrawing the maintenance amount till the disposal of the matter before the Family Court, as the learned counsel for the respondent – husband stated 2 caw1508-10 that the matter before the Family Court was ripe for hearing and in fact evidence was being recorded. 2. By the present civil application, the applicant – wife seeks modification of the order dated 11-12-2008 insofar as it restrains the applicant – wife from withdrawing the amount of maintenance deposited by the respondent – husband before the Family Court as the matter before the Family Court has not yet been disposed off. The civil application is opposed by the counsel for the respondent – husband on the ground that the delay in disposal of the matter is not attributable to the respondent – husband and the delay has occurred because the Judge hearing the petition was transferred and recently the hearing has commenced before an other Judge of the Family Court. The learned counsel for the respondent – husband sought to tender e- mail received from his client to show that the applicant – wife is working and that she had suppressed this fact. We do not deem it proper to take the said e-mail on record at this stage. 3. Thus, by order dated 11-12-2008, the respondent – wife was restrained from withdrawing the amount because it was represented that the main matter itself was likely to be disposed off shortly. However, for some reason or the other the matter has not been disposed off. In these circumstances, it would not be proper to continue the restriction imposed upon the applicant - wife from receiving the maintenance amount. 3 caw1508-10 Accordingly, the order dated 11-12-2008 is modified and the applicant – wife is permitted to withdraw the amount of maintenance deposited by the respondent – husband in the Family Court. 4. The counsel for both the parties pray that since the matter is pending before the Family Court for long time, direction be issued for early disposal. The Family Court is directed to hear and dispose off the Petition as expeditiously as possible and preferably within a period of three months from today. 5. The civil application is disposed off in above terms. No costs. (J.P. Devadhar, J.)