(1) (5) WP 3631/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 3631 OF 2011 Trupti Himanshu Kumar .. Petitioner Vs. Himanshu B. Kumar .. Respondent Mr. Amogh Paralikar for the Petitioner. Ms. Seema Sarnaik for the Respondent. CORAM : MRS. ROSHAN DALVI, J. Date : 22 nd JUNE, 2011. P.C. 1. This Writ Petition seeks to challenge the order of the Family Court setting aside an order of striking off the defence of the Respondent-husband and an order of setting aside an order asking him to remain present personally in Court. 2. The Respondent-husband failed to pay the maintenance ordered to be paid. He ran up huge arrears. He challenged the order of interim maintenance. The Writ Petition filed by him came to be dismissed. He was directed to pay the arrears by an extended date. He still failed to pay the arrears. Hence his defence was rightly strike off. However he mended his ways. He deposited a large part of the arrears in Court. The Court thereafter allowed him to clear further arrears of payment by additional amount every month for clearing the arrears by way of installments. Under that order the Court allowed him to be heard in the Petition and accordingly set aside the order of striking off his defence. (2) (5) WP 3631/11 3. The order of the Court is eminently just and equitable. Because the Respondent-husband paid off a large chunk of arrears, the Court allowed him to defend the Petition. This allowance is also on further condition of payment to clear off the arrears. 4. Thereafter the Respondent-husband has cleared off the entire arrears of making payment as directed and also by paying a lumpsum amount of Rs.4 lacs. 5. The Court is gratified to note the guidance and the advice given to the Respondent-husband by his Advocate as an Officer of the Court. The Respondent- husband, therefore, deserves to be heard. The order setting aside the striking off is correct. 5. The Respondent-husband serve in Dubai. He cannot and should not be made to appear on each date of hearing specially as the Court cannot take up all the matters on each date. Hence the order directing his personal appearance which is set aside is also correct. 6. The Respondent-husband through his Counsel undertakes to appear in the Court on the date of his cross-examination as set out by the Court. The Court trusts the Respondent’s Advocate to guide him correctly in that behalf also. 7. With that observation the Writ Petition is dismissed. (ROSHAN DALVI, J.)