1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6993 OF 2009 Subhash Dadu Pawar Petitioner versus Smt.Saraswati Subhash Pawar Respondent Ms.A.R.Baxi for petitioner. A.M.Kulkarni for respondent. CORAM : A.S.OKA, J. DATE : 15th February 2010 PC :- 1. Heard learned counsel for the petitioner. The petitioner filed a petition for divorce under section 13 of Hindu Marriage Act, 1955. An application was made by the petitioner at Exhibit-142 seeking unconditional withdrawal of the petition for divorce. The said application was objected to by the petitioner. By the impugned order, the learned Trial Judge rejected the said application. 2. On the last date when this petition was heard it was pointed out by the learned counsel appearing for the respondent that the petitioner has not complied with the interim order passed under section 24 of the said Act of 1955 by depositing the maintenance 2 amount @ Rs.1,500/- per month. The petitioner was directed to file an affidavit showing compliance with the order. Accordingly, an affidavit dated 5th February 2010 has been filed stating that till 5th February 2010, the petitioner has paid/deposited a total amount of Rs.1,81,500/- being the interim maintenance from 10th January 2000 till 10th February 2010. The correctness of the statements made on oath in the said affidavit is not disputed by the counsel for the respondent. However, he states that the respondent had filed an application seeking direction against the petitioner to return her articles and the said application is pending. 3. Now the petitioner has complied with the order of payment of interim maintenance passed by the Trial Court. The petitioner wants to unconditionally withdraw the petition. As the petitioner wants to unconditionally withdraw the petition and as he has deposited the entire maintenance amount, now permission to withdraw the petition unconditionally cannot be denied to the petitioner. The respondent can always file appropriate proceedings seeking a direction against the petitioner for return of the articles. 4. Hence, the petition will have to be allowed subject to petitioner paying costs of Rs.5,000/- of this petition payable to the respondent. Hence, I pass following order :- 3 A) The impugned order dated 9th March 2009 is quashed and set aside; B) The application at Exhibit-142 is allowed. The Hindu Marriage Petition No.190 of 1999 stands dismissed as unconditionally withdrawn; C) The petitioner will pay costs of this petition of Rs.5,000/- to the respondent within a period of six weeks from today; D) It will be open for the respondent to file appropriate proceedings against the petitioner for seeking a direction of return of articles. All contentions of the parties in that behalf are kept open; E) The petition is allowed in the above terms. (A.S.OKA, J.)