Caw 1993 of 10 1 SSK/81 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1993 OF 2010 IN WRIT PETITION NO.7832 OF 2008 Shri Ganesh Prabhakar Hanjage ....Applicant/Org. Respondent Versus Sou. Sharadha Ganesh Hanjage ...Respondent/Org.Petitioner Mr. Sudhakar Thorat, Advocate for the Applicant/Org. Respondent. Mr. Anilkumar Patil, Advocate for the Respondent/Org. Petitioner. CORAM : R. V. MORE, J. DATED :30TH JULY, 2010. P.C.: Heard Mr. Thorat, learned Counsel for the Applicant– Husband and Mr. Patil, learned Counsel for Respondent - Wife. 2. The civil application is preferred for vacation of interim stay granted by this Court on 17th December, 2008 in the aforesaid writ petition. The Applicant– Husband filed proceedings under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against Respondent- Wife. In the said proceedings, the Respondent-Wife filed an application for interim maintenance under section 24 of the Hindu Marriage Act, 1955. The application was allowed and interim maintenance @ Rs.4,000/- was granted to the Respondent-Wife from the date of hearing of the arguments i.e. 4th August, 2008. This order was challenged by the Respondent-Wife by filing the aforesaid petition and the only grievance raised by her was that Caw 1993 of 10 2 SSK/81 the amount of maintenance should have been granted from the date of application. This Court after hearing both the sides, admitted the petition by an order dated 17th December, 2008 and also granted interim stay interms of prayer clause (c). By prayer clause (c), the Respondent -Wife sought stay to further proceedings in H.M.P.No.136 of 2007 pending hearing and final disposal of the writ petition. In my opinion, the only issue which deserves consideration is regarding entitlement of Respondent-Wife to claim maintenance from the date of order or from the date of application? For that purpose, the proceedings of H.M.P. Petition are not required to be stayed. The interim relief interms of prayer clause (c) granted by this Court by the order dated 17th December, 2008 is accordingly vacated. The civil application stands disposed of & hearing of the writ petition is expedited. The Office is directed to fix the above petition for final hearing on 13th September, 2010. 3. Parties to act upon the authenticated copy of this order. (R. V. MORE, J.)