1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2662 of 2010 ( Rajesh M. Paitode .v s. Varsha Rajesh Paitode ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.A.S.Mardikar, Adv. for petitioner. Mr.Rohit Joshi, Adv. for respondent. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 09, 2010. Heard. The matter was heard on the earlier occasion and because of some dispute in relation to the house property, the matter was adjourned. Today, Mr.Rohit Joshi, Adv. for the respondent/wife states that the house is in possession of the petitioner/husband only and that he has filed Civil Suit for declaration and injunction about it. The Principal Judge, Family Court, Nagpur has, after hearing both the sides, passed an order and granted interim maintenance of Rs.7,000/- p.m. to respondent/wife with Rs.2,000/- as litigation expenses. The contention of Mr.A.S.Mardikar, Adv. that the petitioner/husband is looking after and maintaining all three children and hence, the amount is excessive cannot be accepted. On the earlier occasion, when a grievance was made that respondent/wife has not permitted the house property to be used, the matter was adjourned and today, Mr.Joshi, Adv. has made a statement and pointed out that, even as per the Civil Suit filed by the petitioner/husband, possession of the said house is with the petitioner only. I am, therefore, not inclined to interfere in the matter in exercise of writ 2 jurisdiction as there is no jurisdictional failure or perversity. Mr. Mardikar, Adv. has stated that, for failure to deposit arrears of maintenance, defence of present petitioner is already struck off. He states that all the arrears will be deposited with the Family Court within a period of one month. Mr.Joshi, Adv. states that if the amount is deposited within one month, the respondent/wife has no objection to petitioner's contesting the matter on merits. In this situation, the order dt. 3.6.2010 is set aside and quashed. Defence of the petitioner/husband in Petition No.77 of 2009 shall stand restored if the entire amount of arrears of maintenance till today is cleared by the petitioner by 15th September, 2010. If the amount is not so cleared, said order shall revive and operate. The Writ Petition is, thus, partly allowed. No order as to costs. JUDGE jais