IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION No. 2611 OF 2008 Mr Niranjan Prabhudesai ..Petitioner. V/s. Mrs Kadambari Niranjan Prabhudesai ..Respondent. Mr Uday Warunjikar, Advocate for the Petitioner. Mr P. R. Salvi, Advocate for the Respondent. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 14.01.2009. DATED: 14.01.2009. DATED: 14.01.2009. P.C.: P.C.: P.C.: ---- ---- ---- 1. Heard the learned counsel for the Petitioner. Perused the petition. 2. During the pendency of this petition, the petitioner was directed to produce Income-tax Returns and other documents pursuant to the order of this Court dated 6.10.2008. Accordingly, the Petitioner has produced certain documents on record. Those documents came on record, for the first time. Both parties had no opportunity to address the Family Court based on these documents. At the same time, the Family Court also do not have opportunity to look into these documents while passing the impugned order. 3. In the above view of the matter, by consent of parties, dispensing with the reasons in support of this order, without examining merits or demerits of the impugned order, the impugned order is set aside, subject to acceptance of the undertaking given by the Petitioner, wherein he has agreed to pay an amount of Rs. 4,000/-on ad-hoc basis to the Respondent-wife as monthly maintenance subject to final decision of the Interim Application No. 322 of 2006. 4. The Family Court is directed to rehear the Interim Application No. 322 of 2006 as expeditiously as possible at any rate within a period of three months from the date of receipt of a copy of this order. The ad-hoc amount of maintenance shall be subject to the order of the Family Court in Interim Application No. 322 of 2006. 5. All rival contentions are kept open. 6. Parties undertake to communicate this order to the Family Court. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)