IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2321 OF 2009 Shri.Rupsing Sundarshing Rajput ...Petitioner V/s. Sou.Ujawalla Rupsing Rajput & Anr. ...Respondents ...... Mr.Kiran C.Shirguppe for Petitioner. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 12, 2009. MARCH 12, 2009. MARCH 12, 2009. P.C. 1. Heard Counsel for the Petitioner. 2. No fault can be found with the opinion recorded by the Court below that so long as the interim maintenance order was allowed to become final merely because subsequently the main divorce Petition has been dismissed does not absolve the Petitioner from the liability of paying interim maintenance during the relevant period. The argument of the Petitioner has been rightly : 2 : rejected by the Court below. 3. Counsel for the Petitioner submits that instead of dismissing this Petition, Court may issue notice to the Respondent to explore the possibility of settlement, if any. There is no difficulty in acceding to this request. 4. Accordingly, issue notice to Respondent on condition that the Petitioner shall deposit sum of Rs.7,500/- (Rupees Seven Thousand Five Hundred) in this Court within one week from today, failing which, Writ Petition shall stand dismissed for non-prosecution without further reference to the Court. 5. If amount is deposited in time, notice be issued to the Respondent, returnable on 8th April 2009. Notice to indicate that the matter will appear under caption ‘settlement’. 6. In addition, Petitioner to serve the Respondent by Advocate’s notice, either personally or by speed post/ e-mail/fax, and file an affidavit : 3 : of service before the returnable date, failing which, Writ Petition to stand dismissed for non-prosecution without further reference to the Court. 7. It is made clear that the Respondent will be entitled for the amount to be deposited by the Petitioner towards cost of this proceedings in terms of this order, pursuant to notice served on her and entering appearance before this Court. 8. In addition to depositing amount towards cost as aforesaid, the Petitioner shall deposit sum of Rs.50,000/- (Rupees Fifty Thousand) towards portion of the decretal amount which will remain invested by the Registry till further appropriate orders to be passed in that behalf. The said amount of Rs.50,000/- (Rupees Fifty Thousand) shall be deposited on or before 2nd April 2009. 9. Subject to compliance of the above, stay of further proceedings pending before the Executing Court till 8th April 2009. : 4 : A.M.KHANWILKAR, J.