-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 7867 of 2007 Mr.Tushar Pandharinath Patkar ..Petitioner vs. Mrs.Tanvi Tushar Patkar ...Respondent Shri Sandesh Patil i/b Shri Shivraj R.Patil for petitioner. Shri Ketan Chotani i/b Shri V.K.Narkar for respondent. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 15th January, 2008 15th January, 2008 15th January, 2008 P.C. P.C. P.C. 1. The petitioner/husband has approached this Court challenging the order of interim maintenance. 2. The submission of Shri Patil is that when the order under challenge was passed the petitioner/husband was present but he was without any legal assistance. His lawyer was discharged by him and, therefore, he could not present his case before the Court. He was thus handicapped.Shri Patil states that the petitioner has shown his bonafides and has deposited the arrears as also the litigation costs within time stipulated by this Court. He, -2- therefore, prays that one last opportunity be granted to the petitioner/husband to contest the claim of interim maintenance so also press his application challenging the jurisdiction of the Family Court to entertain and decide petition No.A-799 of 2006. 3. The petitioner has deposited in this Court a sum of Rs.29,000/- The respondent/wife is allowed to withdraw the same. The application for maintenance filed by the respondent/wife being Interim Application No.154 of 2006 shall stand restored to the file of the Family Court at Mumbai for being decided afresh. The order under challenge is set aside. The Family Court to decide the interim application so also take into consideration the objections of the petitioner/husband to its territorial jurisdiction. The petitioner and respondents are directed to appear before the Family Court on 28th January, 2008 and the Family Court to endeavour and decide the interim application so also objections to its territorial jurisdiction within a period of six weeks from the date of appearance of the parties. All contentions of both sides are expressly kept open. The respondent/wife having withdrawn the said sum of -3- Rs.29,000/- deposited in this Court does not mean that she does not press her claim for interim maintenance. Petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)