IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.286 OF 2008 CIVIL APPLICATION NO.286 OF 2008 CIVIL APPLICATION NO.286 OF 2008 IN IN IN FAMILY COURT FAMILY COURT FAMILY COURT APPEAL NO.78 OF 2003 APPEAL NO.78 OF 2003 APPEAL NO.78 OF 2003 Mr.Aloysius Peter Joseph Vaz ..Applicant. V/s. Mrs.Jennifer Anna Maria Vaz. ..Respondent. Mrs.S.F.Rego i/b. N.J.D’Monte for applicant. Mr.S.L.Prabhu with Asha Kanekia for respondent. CORAM : P.B.MAJMUDAR AND CORAM : P.B.MAJMUDAR AND CORAM : P.B.MAJMUDAR AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 18TH NOVEMBER, 2008 DATED : 18TH NOVEMBER, 2008 DATED : 18TH NOVEMBER, 2008 P.C. :- P.C. :- P.C. :- 1. In our view, the Civil Application is not required to be considered at this stage, especially when it is the say of the respondent that there is nothing on record to show that the applicant is unable to pay maintenance to the respondent as per order dated 6/6/2006 passed in Civil Application No.40 of 2006. Under the circumstances, considering the fact that the earlier order was passed with the consent of the parties and no documentary evidence has been placed on record in support of the averments in the Civil Application, the Civil Application is disposed of by passing no order. However, considering the fact - = : 2 : = - that the Family Court Appeal is pending since last 5 years, the Family Court Appeal is directed to be placed for final hearing on 11/12/2008. 2. Civil Application is accordingly disposed of. 3. Family Court Appeal be fixed for final hearing on 11/12/2008. (P.B.MAJMUDAR (P.B.MAJMUDAR (P.B.MAJMUDAR J.) J.) J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)