1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No. 276 of 2009 in Family Court Appeal No.140 of 2009 Mrs.Damayanti Pratap Mistry & Another .. Applicants v/s. Smt. Neelam Rajendra Mistry @ Mandavia & Another ..Respondents Advocate Pankaj Kowali i/b. M/s. Sunil & Co. for the Applicant. Mrs. Neeta V. Parikh for the Respondent CORAM : D.B.BHOSALE & R.Y.GANOO, JJ. DATED : 21st January, 2010 P.C. : 1. Heard learned Counsel for the parties. 2. By the impugned decree, the appellant was directed to pay Rs. 3,00,000/- each to the respondent and her 12 years old daughter . This 2 Court is informed that the appellant has deposited/paid the entire amount of Rs.6,00,000/- less the amount of Rs.1,10,000/- which has already been paid to the respondent earlier. As of today, Rs.4,90,000/- are lying in this Court. We have perused the judgment and also other material placed on record and we have also noticed that the respondent is HIV positive, which infection she got from her deceased husband. Keeping that in view and considering that the respondent has no independent source of income and that she requires to incur huge expenditure on her medical treatment and her daughter’s education, we are inclined to allow her to withdraw Rs. 1,90,000/-. (Rupees One Lakh Ninety Thousand Only) unconditionally. Order accordingly. 3. In so far as the remaining amount of Rs. 3,00,000/- is concerned, the Registrar (Judicial) is directed to invest the said amount in fixed deposit in any nationalized bank initially for a period of one years and shall renew the same from time to time till the appeal is disposed of. 4. Liberty to the respondent to apply for withdrawal of the interest on the amount, that we have directed to deposit, after one year from the date of the deposit . Application is disposed of. 3 5. At this stage, we are informed that the appellant has not paid the cost imposed by the trial Court while disposing of the petition. The appellant is directed to pay the said amount of Rs.10,000/- directly to the respondent without prejudice to their rights and contentions within a period of four weeks from today. [D.B.BHOSALE, J.] [R.Y.GANOO, J.] 4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Family Court Appeal No.140 of 2009 Mrs.Damayanti Pratap Mistry .. Appellant v/s. Smt. Neelam Rajendra Mistry ..Respondent Advocate Pankaj Kowali i/b. M/s. Sunil & Co. for the Appellant. Mrs. Neeta V. Parikh for the Respondent CORAM : D.B.BHOSALE & R.Y.GANOO, JJ. DATED : 21st January, 2010 P.C. : 1. Heard learned Counsel for the parties. Admit. [D.B.BHOSALE, J.] [R.Y.GANOO, J.]