bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 3538 OF 2008 PETITION NO. 3538 OF 2008 PETITION NO. 3538 OF 2008 Mr.John Domnic Fernandes ... Petitioner v/s Mrs.Yvonne Fernandes & anr. ... Respondents Mr.Ravikant Thumbre for the petitioner. Ms.T.Parakkadan for the respondents. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 25TH NOVEMBER, 2008 25TH NOVEMBER, 2008 25TH NOVEMBER, 2008 P.C. P.C. P.C.: 1. The petition has been filed against the order passed on 5.1.2008 by the Family Court directing the payment of Rs.5000/- per month to the respondents towards the interim maintenance from the date of the application till disposal of the main petition. 2. The petitioner has deposited an amount of Rs.45,000/- pursuant to the order of 16.10.2008. Thus, the arrears upto that date have been deposited in this Court. 3. Parties have informed the Court that the recording 2 of the respondents’ evidence has been completed by the Trial Court and the matter has been adjourned to 2.1.2009 for filing the affidavit of the petitioner in lieu of his examination-in-chief. 4. In this view of the matter, I do not feel it necessary to entertain the present petition as, in all probability, the main petition before the Family Court would be disposed of within three months from today. 5. The petition is therefore rejected. 6. The Family Court will dispose of the main application within three months from today uninfluenced by the observations made by it in the interim order. 7. The amount of Rs.45,000/- which has been deposited in this Court, may be withdrawn by the respondent.