0901wp3727.08.sxw 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3727 OF 2008 Manish Mohanlal Sarawgi Vs. Mrs. Radhika w/o Manish Sarawgi -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Smt. Neeta Jog, Adv. for petitioner. Ms PS Raut, Adv. holding for Mr. PB Agrawal, Adv. for the respondent. Coram: J. H. BHATIA, J . Dated : 09TH JANUARY, 2009. 1. The petitioner had filed Hindu Marriage Petition No. A-674 of 2004 against the respondent-wife for divorce. That petition is pending since 2004. In that petition on application of the respondent, the Family Court had directed the petitioner to pay amount of Rs. 10,000/- per month as interim maintenance under Section 24 of the Hindu Marriage Act. The petitioner moved application (Exh.40) seeking review of that order, application (Exh.56) for 0901wp3727.08.sxw 2 change in amount and application (Exh. 57) seeking permission to adduce evidence and for cross examination. According to the petitioner, the respondent-wife is already employed with Tata Consultancy and she is getting handsome salary. However, all the three applications came to be rejected on 08/02/2008, therefore, the petitioner filed present writ petition challenging the said orders. 2. On 28/8/2008 this Court had granted interim relief in terms of prayer clause-(ii) and stayed effect and operation of order of interim maintenance dated 10/11/2006 subject to petitioner's depositing arrears of maintenance till date @ Rs. 5,000/- per month. 3. The learned Counsel for the petitioner makes a statement that the amount has already been deposited and even some excess amount is deposited. 4. As the petition is pending since last about five years, in my considered opinion, the writ petition be finally disposed of in the interest of justice by passing following directions: 0901wp3727.08.sxw 3 (i) The order passed on 28/8/2008 is hereby made absolute and the Family Court is hereby directed to hear and finally dispose of HMP No. A-674 of 2004 as far as possible, within three months from the date of receipt of the writ. (ii) The petitioner shall continue to deposit the interim maintenance @ Rs. 5,000/- per month as per order dated 28/8/2008 till disposal of the said marriage petition, if it is not already deposited. (iii) Writ petition shall stand disposed of accordingly. JUDGE WWL