-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.1446 of 2008 Mr.Ashok s/o Haridas Mapara ..Petitioner vs. 1.Smt.Manisha w/o Ashok Mapara and another ..Respondents Shri A.M.Saraogi for petitioner. Smt.Mallika Ingale for respondent no.1. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 18th March, 2008 18th March, 2008 18th March, 2008 P.C. P.C. P.C. 1. The petitioner has challenged the order of interim maintenance. The petitioner is the husband and respondent no.1 is wife. The grievance during the course of challenge is that there are shop premises being shop no.15 situated Dev Pragya, Mathuradas Road, Kandivli (West), Mumbai 400 067. Presently there is a dispute between the husband and wife and the Family Court is seized of the same. However, in the said proceedings before the Family Court the first respondent/wife has filed an application seeking restraint order against the occupant/licensee, according to the petitioner, of the shop premises restraining him from surrendering or giving possession of the shop -2- premises to the present petitioner. The grievance is that if the business is not allowed to be conducted so also no income is allowed to be generated from the shop premises, then, the wife cannot seek maintenance. 2. However, during the course of arguments Shri Saraogi made it clear to the Court that the petitioner would abide by the order of the Family Court provided the wife agrees that the shop premises can be given on leave and licence basis and income generated therefrom shall be deposited in separate bank account with the Nationalised Bank. The wife is present in Court and she states that she would have no objection to the petitioner creating the leave and licence arrangement in respect of the shop premises but in no case the petitioner/husband should alienate, encumber or transfer or create any third party rights in the shop premises. In other words, she would have no objection if the leave and licence is created in respect of the shop premises. 3. In such circumstances, it is agreed between the parties that shop premises no.15 would not be alienated, encumbered, sold or otherwise -3- disposed of until the Family Court decides the main petition. However, both sides agree that the shop premises can be given on leave and licence and the income that would be generated therefrom shall stand deposited in the bank account with the Nationalised Bank which would be operated subject to the orders and directions of the Competent Court. However, from the income that is generated the petitioner can make payment of maintenance and society charges in respect of the shop premises. No other expenditure should be incurred and will be permitted to be incurred. The Bank account which would be permitted to be operated by the husband will be permitted to be operated by the husband provided all details with regard to the withdrawal and deposits therein are provided to the wife periodically by the husband so also such details are placed on affidavit before the Family Court. 4. The petitioner to pay the entire amount of maintenance towards wife and children as awarded by the Family Court and Shri Saraogi states that within a period of four weeks from today all arrears would be cleared off. -4- 5. Needless to state that since the wife has agreed to the licence being created, the leave and licence agreement shall be in the name of the husband and wife jointly and the wife will sign it accordingly. However, this would not prejudice the rights and contentions of both sides in the pending proceedings. Similarly this does not prevent the petitioner from operating the Bank account provided he abides by the above directions and statement. The wife will be at liberty to seek appropriate directions with regard to the shop premises and bank account from the Family Court. 6. Petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)