: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. 16 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.Vivek Kantawala i.by. Mr.S.K.Sthalekar for the petitioner-Husband. Mrs.A.S.Malwankar, Adv. for Respondent-Wife. CORAM: S.C.DHARMADHIKARI, J. DATED: 17TH MARCH, 2008. P.C. P.C. P.C. : : : 1. Heard Mr.Kantawala, appearing for the Husband and Mrs.Malwankar appearing for the Wife. 2. The wife filed an Application (Interim Application No.38 of 2003) for interim maintenance. The petition is by the wife for a Decree of dissolution of marriage on the plea :2: :2: :2: that the marriage is a nullity. There is a son from the marriage and the wife contended that the Husband is working as a lecturer and getting a salary of Rs.15,000/- per month plus he has income from other sources. 3. She therefore prayed for interim maintenance at the rate of Rs.15,000/- per month for herself and Rs.5,000/- for her son. 4. The Husband denied the contents of the Application and urged that the salary is not what is stated to be, by the Wife. The quantum is much less. However, there was enough material produced on record to show that not only the wife has sufficient income for herself, but that the Husband does not earn as much, that would enable him to pay the maintenance to the wife and son at the rate specified in the impugned order, and that too, from the date of the Application. 5. The costs of litigation of Rs.10,000/- :3: :3: :3: would be deposited within a period of 2 weeks from today. 6. After hearing Mr.Kantawala and Mrs.Malwankar, for some time, I am of the opinion that interest of justice would be subserved, if one more opportunity is granted to the parties to apply for interim maintenance and make their submissions in that regard. However, before the Husband gets such an opportunity, he must show his bonafides. After taking instructions from the petitioner-Husband who is present in court, Mr.Kantawala makes a statement that a sum of Rs.50,000/- would be deposited by the Husband in the Trial Court within a period of 4 weeks from today. Liberty is granted to the Wife to withdraw this sum. The deposit and withdrawal, both are without prejudice to the rights and contentions of both sides and appropriate adjustments would be made in the final order. If the amount is deposited, the order under challenge (dated 20.11.2007) shall stand quashed and set aside :4: :4: :4: and the Interim Application No.38 of 2003 would be reheard on merits and in accordance with law, after giving due opportunity to both sides. 7. If there is a default, the impugned order stands and the Writ Petition would also stand dismissed without any further reference to court. Writ petition is disposed off. . All concerned to act on authenticated copy of this order. ********