1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.198 OF 2008 Manish Bansal .. Petitioner Versus Smt.Kavita Bansal .. Respondent Mr.Debasis Mitra with Mrs.D.Dey i/b. Kishore Nemade for petitioner Mr.B.R.Zaveri for respondent No.1 Ms.V.S.Mhaispurkar, A.G.P. for State. CORAM : S.C.DHARMADHIKARI, J. DATE : 18th March 2008 P.C. . This petition was placed before this Court and urgent ad-interim orders were sought on 2 the ground that the family court has directed detention of the petitioner in civil prison for not complying with the order of interim maintenance. Arrears were to the tune of Rs.3,34,000/-. The petitioner was detained in civil prison and by order dated 11th January 2008, granted him time to deposit a sum of Rs.50,000/- within two weeks and a further a sum of Rs.50,000/- within two weeks thereafter. The petitioner has deposited Rs.50,000/- but failed to deposit the further sum of Rs.50,000/-. Accordingly, time was sought yesterday and this Court after hearing parties permitted petitioner to deposit further sum of Rs.50,000/-. 2. I am informed that Rs.50,000/- are deposited. Thus in this Court totally Rs.1 lakhs are deposited. 3. The request of Mr.Mitra is that the petitioner husband has applied for setting aside 3 the ex parte order and that application is pending in the family court and a direction be given to decide the same expeditiously and till the same is decided petitioner should not be directed to be detained in civil prison. 4. Mr.Zaveri has invited my attention to the impugned order and submits that wife has not received any monies. Arrears are to the tune of Rs.3,34,000/- and even now only Rs.1 lakh is deposited and balance remaining is Rs.2 lakhs and odd. In such circumstances, this petition should not be entertained. 5. Having perused the earlier orders and directions, in my view, interest of justice would be sub-served, if this petition is disposed of by the following order:- (a) If the petitioner deposits in the trial court a further sum of Rs.50,000/- 4 within four weeks from today, the order dated 11th January 2008 directing the petitioner to be detained in civil prison for three months shall not be executed; (b) In default the decree holder wife is at liberty to apply to the trial court for giving effect to the impugned order; (c) In case the petitioner complies with the order, then, the trial court to allow petitioner wife to withdraw the said amount of Rs.50,000/- and all withdrawals till date would be without prejudice to the rights and contentions of parties. (d) If the husband complies with the directions, his application for setting aside ex parte order passed against him be decided by the family court as 5 expeditiously as possible and within six weeks from the date of compliance and till that application is heard and disposed of, petitioner not to be detained in civil prison; (e) Wife Kavita is allowed to withdraw a sum of Rs.1 lakh deposited in this Court and Rs.50,000/- to be deposited in the trial court. (f) Petition disposed of. No costs. (S.C.Dharmadhikari, J)