IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 7402 OF 2008 WRIT PETITION NO. 7402 OF 2008 WRIT PETITION NO. 7402 OF 2008 Nandlal G. Bijlani ..Petitioner. Vs. Mrs Archana N. Bijlani ..Respondent. Mr A. A. Kochrekar, Advocate for the petitioner. Mr A. T. Narsinghani with I. P. Hingorani, Advocate for the Respondent. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 14.01.2009. DATED: 14.01.2009. DATED: 14.01.2009. P.C.: P.C.: P.C.: ---- ---- ---- 1. Heard the learned counsel for the Petitioner and the learned counsel for the Respondent. Perused petition. 2. During the course of hearing, it is pointed out to me that by an order dated 2.7.2005 passed by the Joint Civil Judge, S.D.Kalyan below Exhibit 5 in Special Civil Suit No. 227 of 2003 the present Petitioner (defendant in that proceeding) is directed to pay Rs. 6,000/- per month to the plaintiff towards interim maintenance from the date of filing of the suit till final disposal of the main application together with Rs. 5,000/- towards litigation expenses. This order was not challenged by the Petitioner. Consequently, it has become final and conclusive. 3. During pendency of the aforesaid proceedings another litigation being Matrimonial Petition No.248 of 2007 came to be initiated with an application for interim maintenance marked as Exh.14. The said application was heard and decided by the learned Joint Civil Judge, Senior Division by an order dated 19.8.2008, whereunder the petitioner is directed to pay interim maintenance @ Rs 6,000/- per month to the Respondent together with litigation expenses in the sum of Rs 5,000/-. In addition to the above, the petitioner-husband is also directed to pay Rs 750/- by way of travelling allowance (T.A.) to the respondent-wife on each date of hearing. 4. The learned counsel for the Petitioner submits that if the Petitioner is asked to comply with the orders passed by two Courts, then he will have to pay Rs 12,000/- per month. He, thus, submits that the impugned order needs to be set aside. 5. The learned counsel appearing for the Respondent-wife submits that the interpretation sought to be made by the petitioner based on two orders is misplaced. He, submits that the Respondent is neither claiming nor claim two sets of Rs 6,000/- by way of maintenance. He submits that both the orders read together, the Respondent shall only claim Rs. 6,000/- per month. Statement made in this behalf is taken on record. It is clarified that the respondent would get Rs. 6,000/- per month only by way of interim maintenance in view of the order passed in Marriage Petition No. 248 of 2007 as well as order passed in Special Civil Suit No.277 of 2003. She will not be entitled to claim two sets of interim maintenance. 6. In view of the order dated 19.3.2005, the order passed by this Court dated 17.4.2008 does not survive. 7. Both the Courts i.e. Joint Civil Judge, S.D. Kalyan as well as the Joint Civil Judge, S.D. Pune are directed to treat the proceedings pending on their file as expedited and should make all efforts to dispose of the same with expeditious despatch. 8. It is also made clear that, in the event the petitioner pays entire amount of arrears of maintenance within six weeks from today no interest would be charged. Otherwise, failure on the part of the Petitioner to pay maintenance within the stipulated period said amount shall carry future interest @ 10% per annum. The Petitioner shall continue to pay this amount of Rs. 6,000/- on or before 10th day of each month without fail. 9. Petition stands disposed of with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)