:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1858 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.R.A.Shaikh, Adv. for the petitioner. Smt.Tauben F.Irani, Adv. for the respondent. CORAM: S.C.DHARMADHIKARI, J. DATED: 26TH MARCH, 2008. P.C. P.C. P.C. : : : 1. This Writ Petition is challenging an Order of interim maintenance. The Respondent urges that the quantum of Rs.7,000/- per month to the wife and Rs.3,000/- per month for the child is exorbitant and excessive. The petitioner Husband cannot afford to pay this amount and the Statement showing his income from the Brokerage is improper. He is not earning Rs.5 lacs per month, as urged. In such circumstances, the Husband seeks liberty to :2: :2: :2: apply for modification of the order and he is willing to show his bonafides. 2. In my view, interest of justice would be subserved if the following order is passed :- (i) Upon the petitioner depositing in the Family court the expenses of litigation of Rs.3,000/- and Rs.75,000/- without prejudice to the rights and contentions of parties, then, in that event, the Husband is at liberty to apply for modification of the interim order and such an Application will be heard by the Family Court without being influenced by its earlier order and based upon the materials produced, the Modification Application be decided accordingly. (ii) In default by the Husband, the impugned order stands and even this Writ Petition would stand dismissed without any further reference to the court. :3: :3: :3: (iii) The Husband is granted 4 weeks time to deposit the above amounts. The wife is at liberty to withdraw the sums deposited and such deposit and withdrawal is without prejudice to the rights and contentions of the parties. The payment can be made by the Husband by drawing a Demand Draft in the name of the Wife. Petition disposed off. sd/- *****