1 (901) WP 5172/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 5172 OF 2010 Deepak Gokulchand Agarwal .. Petitioner Vs. Meghna Deepak Agarwal .. Respondent Ms. Deepa Ahuja i/b Mr. S. R. Kulkarni for the Petitioner. Mr. Mehul Rathod i/b Mr. A. M. Saraogi for the Respondent. CORAM : MRS. ROSHAN DALVI, J. Date : 8th December, 2010 P.C. 1. Rule made returnable forthwith. 2. The Petitioner husband has challenged the order passed in his Petition for judicial separation dated 10th May, 2010. The order relates to direction to pay Rs.1 lac as delivery expenses. 3. Counsel on behalf of the husband contends that no document showing the actual expenses incurred by way of bills of hospital are produced. Only the total security deposit of Rs.1,50,000/- is shown. The husband contends that the name of the hospital Vibgyot Hospital is incorrect and there is no such hospital in the locality. The impugned order relying upon the security deposit has only directed the husband to pay 70% of the amount towards delivery of his child. This is an interim order in a Petition which has stood withdrawn. 2 (901) WP 5172/10 Technically the interim order would come to an end. Besides the order does not reflect reliance upon any documentary evidence. There is dispute between the parties with regard to the hospital for the delivery of the child. The Respondent has contended that both his parents are doctors and could have arranged for the delivery at a much lesser expense. The Petitioner contends that the delivery expenses have been incurred as per custom and tradition by her parents. 4. The husband has withdrawn his Petition for judicial separation and filed a Petition for divorce. For the twin reasons that the Petition under which this interim order is passed is withdrawn as well as that the documents have not been relied upon to prove the amount claimed by the wife, the order requires to be set aside. However since the Divorce Petition has been filed by the husband, the wife may, upon legitimate documentary evidence, apply for whatever expenses that have been incurred for the delivery or otherwise which she might claim and which would be adjudicated upon its merits. 5. Rule is granted accordingly. ( ROSHAN DALVI, J.)