:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 631 OF 2008 Mrs. Sarita S. Donde ...Petitioner Versus Mr.Shashi S. Donde ....Respondent ====== Mr.H.S.Anand, Adv. for the petitioners. Mr.V.V.Purwant, Adv. for the respondent. CORAM: S.C.DHARMADHIKARI, J. DATED: 27TH MARCH, 2008. P.C. P.C. P.C. : : : 1. This Writ Petition is filed by the wife. The wife is aggrieved by an order on interim Maintenance passed by the Learned Civil Judge, Senior Division, Vasai on 5.10.2007. The Application (Exhibit-5) in Misc. Application No.61 of 2007 claims an interim maintenance at the rate of Rs.5,000/- per month for the petitioner wife and Rs.3,000/- per month for the minor son, Shubham. Further, she sought a direction from the Trial Court to the Respondent-Husband with regard to depositing a sum of Rs.5,000/- per month with ICICI :2: :2: :2: Bank towards repayment of a loan. 2. The petitioner is the wife of the respondent. Their marriage was solemnised on 4.5.2005 at Nashik. They resided and stayed together at Nashik and thereafter shifted to Vasai. The minor was born on 16.5.2006. They purchased a Flat in their joint names from their separate incomes and earnings, so also obtained a loan of Rs.4,39,000/- from ICICI Bank. On 2.2.2007 the Husband left the matrimonial house to live at Nashik and thereafter he has resided with his mother. The further allegation of the wife is that the Husband is employed with Ceat Tyres at Nashik. The respondent is having sufficient income, so as to enable him to pay the maintenance. The petitioner wife has obtained her Degree in law, enrolled herself as an Advocate but after devoting time to her son she is not able to give enough time for the practice. Her income is not such as would enable her to take care of the minor son. 3. The present petition is filed under Section 18 and 20 of the Hindu Marriage Act. The grievance is :3: :3: :3: that the not only the Husband has not paid the sums as directed by the Trial Court (Rs.2,000/- per month for the Wife and Rs.2,000/- per month for the minor) but has stopped paying instalments of the loan amount. Consequently, there is every likelihood that the bank will initiate legal measures against the Respondent and the petitioner. If the loan is not repaid the Bank may also take steps to dispossess the wife and the minor. 4. The Trial Court has passed an order on 5.10.2007 awarding maintenance at the above rate with effect from 21.2.2007, that is the date of the Application for interim maintenance. 5. This matter was placed before me on last occasion. On 11.3.2008 the Respondent-Husband was present in court and his Advocate after taking instructions from him, made a statement that the Husband would address a communication to ICICI Bank withdrawing the legal notice issued by him. He will also not initiate any proceedings against the Bank. He also made a statement that he would have no objection :4: :4: :4: if the Flat is transferred in the name of the minor and the Wife. Both sides agreed that the relationship can be put an end amicably. In such circumstances an overall settlement was suggested by creating a Fixed Deposit in the name of the Minor Son with a Nationalised Bank. The same was also communicated but the Husband took time to make appropriate statements. 6. On 24.3.2008 the Husband appeared before me and made a statement through his Advocate that it would not be possible for him to make lumpsum payment of any sum nor arrange for any deposit. The grievance of the Wife now, is that no steps have been taken to withdraw the legal Notice issued by Respondent to ICICI Bank, he is not paying the instalments towards the loan amount, and nor he is paying the monthly sums as awarded by the Court below. 7, The matter was adjourned. This court had made it clear in its order that if the Respondent-Husband does not abide by the statement made before this court nor does he arrange to make payment of the monthly sums, this court will issue appropriate directions :5: :5: :5: including his detention in civil prison. 8. The Husband is present in court today and he seeks time to make payment, so also, clear off the arrears. He request for 2 weeks time. He admits that the arrears are in the tune of Rs.40-45,000/-. He also undertakes to this court to withdraw the Communications to ICICI Bank. If the respondent-Husband deposits in the Trial Court a sum of Rs.50,000/- in 2 weeks and within this period withdraws the legal notice issued to ICICI Bank, then, the Trial Court not take any steps including his detention in civil prison. If the husband defaults, then, the trial court can issue appropriate directions including enhancement in the sums of maintenance, if prayed by the petitioner wife, so also direct the detention of the Husband in civil prison. In the event, the amount is deposited the petitioner-wife is allowed to withdraw the same, subject to further adjustments. In addition, she is at liberty to apply for enhancement in the quantum of monthly maintenance, considering the subsequent developments, so also, the proceedings before this court. :6: :6: :6: 9. The Respondent-Husband has also made a statement before me that apart from payment of all arrears of maintenance and withdrawing the legal notice to the ICICI Bank on/or before 31.3.2008, he will also pay the monthly instalments to ICICI Bank towards repayment of the loan obtained from the said Bank. A copy of this order be forwarded to the ICICI Bank, Bandra Main Branch. . Petition disposed off. No costs. sd/- *********