1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1278 OF 2008 Ketna Sanjay Mehta .. Petitioner Versus Sanjay Jayantilal Mehta .. Respondent Ms.Seema Sarnaik with Ameya Tamhane for petitioner Ms.Sheetal Mishra for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : 18th March 2008 P.C. . Advocate for respondent husband, after taking instructions from the respondent husband who is present in court makes a statement that a 2 sum of Rs.50,000/- will be deposited in the trial court within four weeks from today and a further sum of Rs.50,000/- within four weeks thereafter. The deposit and withdrawal will be without prejudice to the rights and contentions of both sides. 2. If the amount as aforesaid is not deposited, petitioner wife is at liberty to apply for appropriate relief in the family court including for enhancement of the sum already awarded and such an application should be decided without being influenced by the earlier orders and directions. 3. In case the husband complies with this order and deposits the sum, then, he is at liberty to apply to the trial court for modification of the impugned order. The present petition need not be kept pending inasmuch as the petitioner wife is at liberty to place before the 3 family court all such material with regard to the properties and income of the husband which has been referred to in this petition, including any additional material. In case, the application is filed by the wife for enhancement, the same shall be decided by the family court within six weeks from the date of of its presentation. The family court need not wait for the compliance with this Court’s order and directions by the husband or that husband’s application is pending. If the husband applies, then, application of husband and wife should be clubbed together but in case of husband not complying with the orders and directions of this Court, there is no question of husband’s application being entertained. Petition disposed of. No costs. (S.C.Dharmadhikari, J)