IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR WRIT PETITION NO.3433 of 2008 Lokesh Agrawal ..vs.. Sau. Shilpa Agrawal ================================== CORAM: B.P. DHARMADHIKARI, J. DATE:20.10.2008 Heard Advocate Udeshi for petitioner and Advocate Gandhi for respondent. The request of Miss Udeshi is that petitioner should be given reasonable installment for clearing the arrears of maintenance from 29.3.2007. Advocate Shri Gandhi argues that the grant of installment is unwarranted. He further states that if this court inclines to grant installment, failure to pay the same, should result in setting aside of the amendment, even if it is carried out on record. Advocate Udeshi has also pointed out that the matter is pending since 2005 before the Joint Civil Judge, Senior Division, Amravati and as there is prayer for restitution and in the alternative for divorce, the proceeding should be expedited. Advocate Gandhi has no objection for expeditious disposal of petition if arrears are paid regularly. In these circumstances petitioner is given time till 31.12.2008 to clear the arrears of maintenance. Petitioner shall also continue to pay regular maintenance thereafter each month. Failure to clear arrears by 31.12.2008 or any default in paying regular maintenance amount thereafter will result in dismissal of the proceedings instituted by petitioner/ husband. Subject to this, the proceedings in HMP No.326/2005 are expedited and court below is directed to decide the same as early as possible and in any case by 30.9.2009. Writ petition disposed of accordingly. JUDGE smp.