1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE FAMILY COURT APPEAL NO. 52 OF 2008 JAYPRAKASH N. SHETTY .. APPELLANT Vs. MRS. DEEPA JAYPRAKASH SHETTY .. RESPONDENT Mr. Sanjeev Punalekar for the appellant Mr. A. D. Shetty for respondent CORAM:SMT.RANJANA DESAI & SMT. R.P. SONDURBALDOTA,JJ. DATED:1/7/2008 P.C. . It is not necessary to go into the contentious issue of maintainability of this family court appeal filed by the appellant husband challenging the order dated 16/1/08 passed by the Family Court at Mumbai in application for maintenance filed by the respondent-wife for maintenance under Section 24 of the Hindu Marriage Act, 1955 granting maintenance at the rate of Rs.10,000/- per month to the respondent-wife from the date of application because the appellant husband has through his counsel made a statement that he is willing to deposit the entire arrears of maintenance i.e. 2 Rs.1,10,000/- in the family court within a period of four weeks from today. In view of this statement learned counsel for the wife does not wish to press the objection to the maintainability of this appeal. 2. We have accepted the statement made by learned counsel for the appellant husband that the entire arrears will be deposited in the family court within four weeks. Let the money be so deposited. If the money is deposited the respondent-wife will be at liberty to withdraw it without furnishing security. We direct family court to permit her to withdraw the amount. The impugned order shall continue to operate during the pendency of the Miscellaneous Petition No. 1604 of 2006. 3. We are informed that the Family Court is in fact hearing the petition. In the circumstances of the case, we direct the Family Court to dispose it of as expeditiously as possible. We expect the parties to cooperate with the court and not to take any unnecessary adjournments. 4. Appeal is disposed of in the aforestated terms. 3 5. Needless to say that Civil Application No. 98 of 2008 is also disposed of. JUDGE JUDGE