bsb 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 CIVIL CIVIL CIVIL APPLICATION NO. 468 OF 2009 APPLICATION NO. 468 OF 2009 APPLICATION NO. 468 OF 2009 IN IN IN WRIT WRIT WRIT PETITION NO. 2452 OF 2009 PETITION NO. 2452 OF 2009 PETITION NO. 2452 OF 2009 Joseph Mendonca ... Applicant v/s Ophelia Joseph Mendonca ... Respondent Mr.G.S.Hegde i/by Prakash R. Hegde for the applicant. Ms.Sandra Pereira for the respondent. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 28TH APRIL, 2009 28TH APRIL, 2009 28TH APRIL, 2009 P.C. P.C. P.C.: 1. The civil application has been filed by the applicant who is the husband in the litigation pending before the Family Court. He has been directed to pay maintenance of Rs.4000/- per child per month by the Family Court. The couple have 4 children and all of them were admitted to an Orphanage because the wife is not able to maintain them. It appears that all the children except one are out of an orphanage now and are with the mother. The last child who still continues to be in the orphanage will be taken home, according to the learned advocate for the wife, by tomorrow. 2 2. The civil application has been filed for a stay of the impugned order directing the payment of maintenance and fees for admission of three sons to a school in Vikroli. 3. Heard advocates. 4. The civil application is disposed of with the following order:- O R D E R R D E R R D E R (i) The respondent wife shall withdraw the amount of Rs.75,000/- which has been deposited in the Family Court by the husband pursuant to the order dated 2.4.2009. The amount of Rs.75,000/- shall be paid over to the wife forthwith by the Family Court. (ii) The husband shall pay maintenance of Rs.2000/- per child per month and deposit the amount each month in the Family Court. The first payment to be deposited by 15th May, 2009 and thereafter the monthly payment shall be deposited on 15th of each month. 3 (iii) The amount which will be deposited in Court by the husband each month, may be withdrawn by the wife. The Family Court shall pay the amount to the wife each month. (iv) Any one default will mean that the order of the Family Court with regard to the payment of Rs.4000/- per child per month will be set in operation. (v) On these conditions being fulfilled, the impugned order is stayed. (vi) In the event the husband succeeds in the petition filed by him, the amount already paid will be considered by the Court while passing orders at the final disposal. 5. This order will continue in operation till the petition is heard for admission. 6. Place the petition on board for admission on 22nd June, 2009.