1 ndm 9 cam.88.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 88 OF 2010 IN FAMILY COURT APPEAL (STAMP) NO. 7654 OF 2010 Mohd. Akhlaque Kallu Miyan. ... APPLICANT Vs. Mrs. Shamaparveen Mohd. Akhlaque. ... RESPONDENT -------- Mrs. Jamila Shaikh for the Applicant. Mr. Vivek Kantawala Advocate appointed as Amicus Curiae. -------- CORAM : A.M. KHANWILKAR, J. A.A. SAYED, JJ. DATE : 09 th July, 2010. P.C. 1 Heard the learned counsel for the parties. 2 This appeal has been filed to question the judgment and decree passed by the Family Court dated 29 th May, 2008 in Petition No. B-86 of 2006, which order injuncts the Appellant from dispossessing Respondent and her children from the matrimonial home and/or from 2 selling and/or creating any third party rights over the matrimonial home. In addition, the agents, relatives and servants of the Appellant have been permanently injuncted from entering the matrimonial home. It is noted that the Appellant has not paid maintenance amount in spite of the order passed by the Family Court dated 16 th January, 2008. The Appellant is in arrears of monthly maintenance at the rate of Rs.5,000/- with effect from April, 2006. No amount has been paid by the Appellant-husband to the Respondent-wife towards her maintenance as well as three children so far. The Appellant has suffered imprisonment for such default during December, 2008 till December, 2009. Even then, the Appellant has not shown his bonafides by offering any amount to the Respondent-wife towards maintenance. In our considered opinion, the present application for condonation of delay in filing appeal, which is stated to be 203 days can be entertained only if the Appellant deposits atleast 50% of the outstanding monthly maintenance amount, which we are informed would work out around Rs.1,27,500/-. That payment should be made within two weeks from today. For the remainder 50% outstanding maintenance amount is concerned, we shall pass appropriate order on the next date of 3 hearing as may be advised. 3 We make it clear that if the Appellant fails to deposit the amount as aforesaid within two weeks, office shall treat this application as dismissed for non-prosecution without further reference to the Court. Whereas, if the amount is paid, the application be listed on 27 th July, 2010. This order is passed in the presence of the Applicant-husband. [ A.A. SAYED, J ] [ A.M. KHANWILKAR, J ]