: 1 : cwp-403-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 403 OF 2010 Anil Saha .. Petitioner v/s. Smt. Nayanlata Saha .. Respondent ......... Mr. A.V. Doijode i/b M/s. Legal Assistance for the petitioner Mr. A.S. Khandeparkar i/b Ms. Shilpa A. Joshi for respondent no.1 ......... CORAM : R.Y.GANOO, J. DATE : 21st APRIL, 2011 P.C. : 1. Rule. Rule is made returnable forthwith. Learned Counsel Mr. Khandeparkar appearing on behalf of the respondent waives service. By consent taken up for final hearing. The respondent herein has filed application for maintenance in the Family Court, Bombay against the petitioner being Application No. E-601 of 2008. In the said application, the respondent filed an interim application for maintenance being Interim Application No.264 of 2010. On that date, the petitioner’s advocate sought time for filing certain property documents. The said : 2 : cwp-403-10=.sxw application was opposed and thereafter the learned Judge passed an order thereby granting Rs.7,500/- per month by way of ad-interim maintenance. The said order dated 19th November, 2009 is as follows:- “Heard both the advocates. The counsel of the respondent wants to file document on record about his property. But the counsel for the petitioner has strongly opposed the same. In such circumstances, I grant Rs.7,500/- pm to her as an ad-interim maintenance till the disposal of the interim application from the date of this application.” 2. Learned Counsel Mr. Doijode appearing on behalf of the petitioner submitted that he has filed a detailed reply to the interim application No. 264 of 2008. Learned Counsel Mr. Doijode states that he is not sure whether documents which his client wanted to file before the learned Judge of the Family Court on 19th November, 2009 are filed or not. Be that as it may, perusal of order dated 19th November, 2010 shows that it was an ad-interim order. A perusal of the said order goes to show that the said ad-interim order is passed without giving any reason whatsoever. It is true that while passing an ad-interim order no detailed discussion is required to be made. However, it was necessary for the learned Judge to mention as to why the learned Judge is fixing the figure of Rs.7,500/- per month to be granted as ad-interim maintenance. It is on this ground, I am inclined to set aside this order : 3 : cwp-403-10=.sxw and direct the learned Judge of the Family Court to hear and dispose of interim Application No.264 of 2008 on or before 30th June, 2011. 3. Liberty is given to the petitioner to file compilation of documents, if they are already not filed. Needless to mention that copy of the said compilation has to be served upon the respondent. 4. For the reasons mentioned aforesaid following order is passed to dispose of the writ petition. ORDER (i) Order dated 19th November, 2009 passed in Interim Application No.264 of 2008 is hereby set aside. Learned Judge of the Family Court before whom main Application No. E-601 of 2008 is pending shall hear and dispose of Interim Application No. 264 of 2008 on or before 30th June, 2011. (ii) The petitioner shall file the compilation documents on which he proposes to rely upon in the Court in which main Application No. E-601 of 2008 is pending on or before 29th April, 2011. At the time of filing of the said compilation he will also lodge with the Court an authenticated copy of this order. : 4 : cwp-403-10=.sxw (iii) Interim Application No. 264 of 2008 is fixed for hearing before the learned Judge on 4th May, 2011. Learned Counsel on both sides states that their counterpart will appear before the learned Judge on 4th May, 2011 and request the learned Judge to dispose of this matter as per this order on or before 30th June, 2011. No views are expressed on the merits of the matter. (iv) In view of the aforesaid order, Criminal Application No.208 of 2010 stands disposed of with no order as to costs. (R.Y.GANOO, J.)