1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 193 OF 2011 IN FAMILY COURT APPEAL (ST) NO.21115 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Sarojini Upadhya, for the applicant. Ms. Seema Sarnaik, for the respondent. CORAM: D.B.BHOSALE AND K.K.TATED, JJ. DATE : 25/11/2011 PC: Heard learned counsel for the parties. By this civil application, the applicant has prayed for condoning 52 days delay caused in filing Appeal. The appeal is directed against the order of maintenance passed by the Family Court. Ms Sarnaik, learned counsel for the respondent, submits that the applicant is in arrears of maintenance awarded by the Family Court. The Family Court, by T 2 the impugned judgment,awarded maintenance of Rs.1500/- per month to the respondent-minor, who is represented through his natural guardian, i.e. wife of the applicant. We have perused the civil application. For the reasons stated in the application, the delay in filing the appeal is condoned, subject to the applicant, without prejudice to his rights and contentions, depositing arrears of maintenance as per the impugned judgment, if any, in the Family Court within a period of six weeks from today. It is not clear as to whether the applicant has deposited the litigation expenses as per the order dated 8.9.2011. In view thereof, the applicant shall also deposit the litigation expenses as per the order dated 8.9.2011, if not deposited already, before the next date, failing which the appeal shall stand dismissed for nonprosecution without reference to the court. The respondent will have a liberty to withdraw the 3 aforementioned amount. Appeal to come up for admission after six weeks. The civil application is disposed of. (K.K.TATED,J.) (D.B.BHOSALE, J.) 4