1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9913 OF 2009 Balkrishna Abaji Nanekar .. Petitioner Vs. Jayshree Balkrishna Nanekar .. Respondent Mr. Prashant S. Bhavake i/b Mr. N. V. Bandiwadekar for the Petitioner. CORAM : MRS. R. S. DALVI, J. DATE : 8th March, 2010. P.C. 1. The petitioner has challenged the order of Civil Judge Junior Division, Pune dated 14.10.2001 granting interim maintenance of Rs.5,000/- p.m. to the respondent wife. The order essentially proceeds on a footing that the petitioner is a developer. The petitioner claims not to be a developer/contractor. He relies upon a deed of dissolution of partnership which is not a registered document and which has been only notarized showing that he is no longer a partner. The deed of dissolution itself shows that the petitioner was a partner of M/s. Nirmitee Constructions. 2 2. The petitioner’s Advocate states that the petitioner is not a building contractor but a labour contractor. That case of the petitioner has not been shown to lower Court. The petitioner cannot substantiate that contention. 3. The petitioner states that his wife is M. Com. The wife has claimed that she earns Rs.1,000/-. The petitioner claims that she serves in a private company in Chinchwad, Pune. There are no further particulars of the employment of the wife claimed by the petitioner/husband. 4. The amount of maintenance is essentially based upon the fact that the petitioner is a building contractor/developer. The petitioner’s own documents substantiates that fact. Though he does not show that his firm was dissolved, it shows that the petitioner was once a partner of the firm. Hence, the reasoning of the learned Judge is not seen to be perverse. The amount of the maintenance granted is very reasonable and does not require any interference. 5. However, the petitioner shall deposit the entire arrears of maintenance in this Court within four weeks from 3 today. If the amount is not deposited the Writ Petition shall stand dismissed. If the amount is deposited, issue notice upon the respondent. The petitioner shall serve private notice. Humdast is allowed. The notice shall state that the amount of interim maintenance has been deposited. Notice is made returnable on 15th April, 2010. 6. Later on : The petitioner present. The petitioner’s Advocate applies for withdrawal of the petition. Petition is allowed to be withdrawn. (R. S. DALVI, J.)