WP 2328/10 1 SSK/33 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2328 OF 2010 Shri Shrikanth Dhondiram Jagtap ....Petitioner Versus Sou. Sarika Shrikanth Jagtap ...Respondent Mr. B. A. Lawte i/b. Mr. R. V. Bansode, Advocate for the Petitioner. CORAM : R. V. MORE, J. DATED : 9th AUGUST, 2010. P.C.: Heard learned Counsel for the Petitioner. 2. The petition arises out of interim alimony proceedings under section 24 of the Hindu Marriage Act, 1955. The Petitioner’s petition for judicial separation is pending before the Civil Judge, Senior Division, Satara. In that petition, the impugned order was passed directing the Petitioner to pay an amount of Rs.1,000/- p.m to the Respondent. The Petitioner tenders xerox copy of the affidavit of Respondent-Wife. The affidavit discloses that the dispute between the parties is amicably settled. The Respondent -Wife has accepted an amount of Rs.1,00,000/- towards full and final settlement. The affidavit further discloses that the Respondent-Wife is ready and willing to give divorce to the Petitioner in consideration of the above amount. WP 2328/10 2 SSK/33 3. By an order dated 2nd July, 2010, this Court issued notice before admission to the Respondent with liberty to the Petitioner to serve the Respondent by private notice. The R.P.A.D. Packet addressed to the Respondent, is however, returned unserved with remark “The Respondent has refused to accept the letter”. 4. In the these circumstances, the learned Counsel for the Petitioner, seeks leave to withdraw the petition with liberty to apply for modification/review of the impugned order. In the above facts and circumstances, the Petitioner is granted leave to withdraw the petition with liberty to apply to the learned Trial Judge for review/modification of the order impugned in the present petition. If such an application is filed by the Petitioner within a period of four weeks from today, the learned Trial Judge shall dispose of the same on its own merit and as expeditiously as possible. 5. The writ petition is disposed of, as withdrawn. (R. V. MORE, J.)