1 fca105-07 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.105 OF 2007 Dayanand Keshav Kamble ..Appellant. V/s. Sanghamitra Dayanand Kamble ..Respondent. Mr. R.V. Bansode for appellant. Mrs. B.P. Jakhade for respondent. CORAM : B.H. MARLAPALLE AND U.D. SALVI, JJ. DATED : 18TH OCTOBER, 2010 P.C. :- 1. Heard Mr. Bansode, the learned counsel for the appellant and Mrs. Jakhade, the learned counsel for the respondents. Admit. 2. Respondent waives service. 3. By consent of the parties, the appeal is heard finally and paper-book is dispensed with. 4. The appeal is directed against the order dated 25/07/2007 passed by the Family Court at Mumbai, thereby allowing petition No. C-127/2004 filed by the respondent-wife for seeking maintenance for herself and her minor son Kamlesh under Section 18 (a) & (b) of the 2 fca105-07 Hindu Adoption and Maintenance Act. The said application has been partly allowed and the appellant has been directed to pay an amount of Rs.1,000/- per month by way of maintenance to the wife and Rs.800/- per month by way of maintenance to the minor son Kamlesh from 24/07/2004 onwards. 5. Para 16 of the impugned order goes to show that the appellant remained absent despite service and let the case proceed ex- parte. He did not file his Written Statement and did not take any further steps so as to oppose the petition for the claim of maintenance. As per the instructions Mrs. Jakhade has received from the respondent, who is present before the Court, the appellant is in arrears of Rs.43,600/- by way of maintenance till this date. Mr. Bansode, the learned counsel for the appellant submitted that the appellant is ready and willing to pay the arrears amount of maintenance of Rs.43,600/- and deposit the same within 2 weeks with the Registry of the Family Court, Mumbai. He, therefore, submits that if the money is deposited, he should be allowed to contest the petition filed by the wife on merits. 6. Mrs. Jakhade also submitted that the respondent-wife also should be granted liberty to amend the petition so as to claim enhanced amount of maintenance because, the salary of the appellant, as per her instructions, is in excess of Rs.16,000/- per month and is working with 3 fca105-07 the State Road Transport Corporation, Division Office at Satara. 7. Hence by consent of the parties, the appeal is allowed and the impugned order is quashed and set aside, provided the amount of Rs.44,000/- is deposited with the Family Court by the appellant within a period of 2 weeks from today. If the amount is so deposited, the petition No.C-127/2004 shall stand restored to the file of the Family Court, Mumbai and the respondent-wife is at liberty to amend the same. The appellant to appear before the Family Court on 09/11/2010 and the respondent-wife to submit her amendment application on the same date. The appellant shall be given two weeks time to file the written statement and from 29/11/2010 onwards, the Family Court will proceed to deal with the petition on merits. The petition shall be heard and decided on its merits, preferably before 31/10/2011 and from 01/11/2010 to 31/03/2011 the appellant shall deposit with the Family Court an amount of Rs.2,000/- every month which shall be subject to the final outcome in the petition. 8. The respondent-wife is at liberty to withdraw the amount of Rs.44,000/- so deposited by the appellant. 9. The appeal is allowed in the above terms. Parties to bear their own costs. (U.D. SALVI, J.) (B.H. MARLAPALLE, J.)