: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 APPELLATE JURISDICTION FIRST APPEAL NO.317 OF 2008 Shri. Jitul Vijaychand Chanar. ..Appellant. Vs. Mrs.Shreeja Jitul Chanar. ..Respondent. WITH FIRST APPEAL NO.518 of 2008 Mrs. Shreeja J. Chanar. ..Appellant. Vs. Jitul V.Chanar. ..Respondent. Mr.K.K. Malpathak for the Appellant and Respondent in respective appeals. Mr.S.S.Kulkarni for the Respondent and Appellant in respective appeals. CORAM : R.S. MOHITE, J. DATE : 30th April,2008. P.C. P.C. P.C. 1. Heard both sides. 2. Admit. 3. By consent, matters are taken up for final hearing. Both these appeals impugns Judgment and Order dated 18.4.2007 passed by the Civil Judge, S.D., Nashik decreeing a suit filed by the wife for grant of maintenance under Section 18 of the Hindu Adoption and Maintenance Act. The husband has been directed to pay Rs.9990/- per month to the wife by way of maintenance from the date of filing of the suit. The said order :2: has been passed exparte. It is an admitted fact that the husband was served on 24.4.2006 but he did not appear. The record indicates that he does not reside in India and is serving in Singapore. It also appears that his father is also not resident of Maharashtra and stays in Gujarat. The main ground is that expenses in Singapore could not be placed on record. The husband being aggrieved by the exparte order has filed the First Appeal No.317 of 2008. It also appears that the wife is also not happy about the quantum of maintenance awarded to her. Therefore, she has filed First Appeal No.518 of 2008 by challenging the said order. Considering the peculiar facts of the case, the fact that the aged father of the husband resides in Gujarat and the husband resides aboard, in the interest of justice I am inclined to allow both these appeals. Both the parties state that the after the passing of the impugned judgment and order, the total amount of arrears till 30.4.2008 comes to Rs.59,940/-. I have indicated to the parties that the husband will have to pay to the wife costs of this appeal which is quantified at Rs.10,000/- in addition to the litigation expenses of Rs.2000/- awarded under an interim order passed by this court. The Advocate for the appellant states that his client will deposit the amount being amount of arrears and costs of the appeal, totalling Rs.69,940/- in the trial court within a period of three weeks from today. In the circumstances, First Appeal :3: No.317 of 2008 filed by the husband is allowed subject to deposit of Rs.69,940/- in the trial court within six weeks from today. Allowing of this appeal is conditional and therefore, if this amount is not deposited within a period of six weeks from today, for any reason whatsoever, then in that circumstances, the appeal of the husband will stand dismissed. Similarly, the First Appeal No.518 of 2008 filed by the wife is also allowed. Matter is remanded back to the Trial Court to enable the parties to appear and lead evidence. 4. It is made clear that both the parties will be entitled to lead evidence. After remand matter be placed on board on 9.6.2008 for further evidence of the plaintiff therein and thereafter, matter be proceeded with expeditiously. Both the parties agreed to appear before the Trial Court on 9.6.2008. Office to issue writ forthwith. 5. The Advocate for the husband also agrees and undertakes that his client will continue to pay the maintenance at the rate of Rs.9990/- per month which will be paid during the pendency of the matter before the Trial court. He further agrees and undertake that his client will deposit the future maintenance due and payable on or before 10th day of each month. Statements and undertakings are accepted. :4: 6. The Trial Court is directed to decide the matter expeditiously and in any case on or before 31.12.2008. The wife Shreeja will be entitled to withdraw all the amount which will be deposited in the trial court without any security. Both the appeals stand finally disposed off. (R. S. MOHITE, J.)