IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7868 OF 2007 Don Francis Baptista ..Petitioner V/s. Clothilda Don Baptista ..Respondent. Mr.R.R. Salvi for the Petitioner. Mrs.Chothilda Don Baptista, Respondent present in person. CORAM : J.P. DEVADHAR, J. DATED : 24TH JUNE, 2008. P.C. 1. Heard. Rule. Rule is made returnable forthwith. By consent of both the parties, the matter is taken up for final hearing at this stage. 2. The dispute in this writ petition relates to the grant of interim maintenance at the rate of Rs.5,000/- per month to the Respondent and Rs.5,000/- each per month to the two children who are with the Respondent as per the order passed by the District Judge, Thane on 25-7-2007. Challenging the aforesaid order, the Petitioner-husband has filed the present writ petition. 3. On 24-10-2007, this Court while issuing notice before admission directed the Petitioner to deposit entire amount of arrears of interim maintenance within four weeks in the Trial Court. Accordingly, the Petitioner has deposited an amount of Rs.90,000/- in the Trial Court. Mr.Salvi, learned Counsel appearing for the Petitioner has no objection to the Respondent withdrawing the amount of Rs.90,000/- deposited by the Petitioner. 4. As regards the impugned order dated 25-7-2007 is concerned, the grievance of the petitioner is that the said order has been passed without considering the say of the petitioner. The Respondent - wife who is present in Court in person states that she has no objection if the said order is set aside and the matter is remanded back to the District Judge, Thane for denovo consideration and for passing fresh order on merits after hearing both the parties. 5. Accordingly, the order dated 25-7-2007 is quashed and set aside and the matter is remanded back to the District Judge, Thane for deciding the interim maintenance application filed by the Respondent - Wife in accordance with law. The amount of Rs.90,000/- allowed to be withdrawn by the Respondent - wife will be adjusted against the amount payable by the husband pursuant to the final order that is to be passed on the interim maintenance application. 6. The writ petition is disposed of in terms of this order with no order as to costs. 7. The Trial Court to act on an authenticated copy of this order. J.P. DEVADHAR, J.