1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION F. NO.1711/2010 IN FIRST APPEAL NO.203 OF 2000 (Laxmanrao s/o Dayaram Andhare vs. Smt. Nirmala w/o Laxmanrao Andhare) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Ku. U.R. Tanna, Advocate for appellant. Shri V.P. Maldhure, Advocate for respondent. -------- CORAM : D.B. BHOSALE AND P.B.VARALE, JJ. DATED : JULY 28, 2010 Heard learned Counsel for the parties. This application is filed by the respondent-wife seeking direction to the appellant- husband to deposit arrears of maintenance of Rs.55,800/- and an amount of Rs.1,000/- towards monthly maintenance on or before 10 th of each month. This Court on 28/11/2005 passed the following order : “We are prima facie, satisfied that the appellant though has capacity to pay a sum 2 of Rs.1,000/ p.m. which was directed to be deposited towards permanent alimony by way of interim arrangement till the appeal is disposed of, has defaulted in complying with the condition. We make it clear that if the appellant fails to deposit all arrears of maintenance on or before 10.1.2006 and does not pay Rs.1,000/- p.m. regularly commencing from December 2005 on or before 10 th of each month, the appeal shall stand dismissed without any further reference to this Court.” We are informed that since the appellant- husband did not pay the arrears, the appeal was dismissed for non-compliance of the direction issued vide order dated 10/1/2006. Thereafter the respondent-wife initiated execution proceedings. Learned Counsel for the applicant/ respondent wife submits that the moment appellant husband came to know about the execution proceedings, he filed application for restoration of his first appeal and accordingly appeal was restored to file. However, till this date, the appellant has not paid the maintenance amount that was directed to be paid by order dated 28/11/2005. Having considered overall facts and 3 circumstances of the case, appellant husband is directed to deposit the entire arrears of maintenance within a period of six weeks from today in this Court and shall also continue to pay Rs.1,000/- per month, failing which the appeal shall stand dismissed for non-prosecution. The civil application is disposed of. JUDGE JUDGE khj