IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.807 OF 2008 Deepak Bhagwandas Wadhwani ..Petitioner V/s. Geeta Deepak Wadhwani ..Respondent Mr.A.B. Pawar i/by H.R. Pawar for the petitioner. Mr.Mohan Pillai i/by Ms.Madhuri Pillai for the respondent. CORAM : J.P. DEVADHAR, J. DATED : 18TH JUNE, 2008. P.C. : 1. Heard. Rule. Rule made returnable forthwith and by consent of parties, the petition is taken up for final hearing. 2. This petition is filed to challenge the order passed by the learned Judge of the Family Court, Mumbai on 22-11-2007, whereby the petitioner - husband is directed to pay interim maintenance at the rate of Rs.20,000/- per month to the respondent - wife from the date of application. 3. The grievance of the petitioner is that he could not file reply to the interim maintenance application in view of the fact that on several dates, the Presiding Court was not available and that there were settlement talks between the parties. The learned Advocate for the respondent has disputed the above contentions. 4. It is an admitted fact that the impugned order has been passed without there being any reply filed by the petitioner to the interim maintenance application filed by the respondent - wife. Although the explanation given by the petitioner for not filing the reply are devoid of any substance, it would be just and proper to take on record the reply of the petitioner before fixing the maintenance, subject to certain conditions. 5. Accordingly, the impugned order dated 22-11-2007 is quashed and set aside and the interim maintenance application is restored to the file of the Family Court, Bandra, Mumbai, subject to the petitioner paying a sum of Rs.75,000/- to the respondent - wife within a period of two weeks from today. The learned Advocate for the petitioner states that the bank draft for Rs.75,000/- drawn in the name of the respondent - wife shall be handed over to the learned Advocate for the respondent within a period of two weeks from today. The statement is accepted. 6. It is made clear that the amount of Rs.75,000/- to be paid pursuant to this order will be without prejudice to the rights and contentions of both the parties and be adjusted against maintenance that may be determined by the Family Court. 7. It is made clear that if the draft of Rs.75,000/- is not handed over to the learned Advocate for the respondent within two weeks from today, this order will automatically come to an end. 8. The petitioner is directed to file his reply to the interim maintenance application within a period of two weeks from today. If such reply is filed, the Family Court is directed to hear and dispose of the interim maintenance application within a period of three weeks thereafter. 9. The writ petition is disposed of in terms of this order, with no order as to costs. J.P. DEVADHAR, J.