1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.5127 OF 2010 Ramesh Dagdusaheb Jadhav (Bokade) Petitioner vs Sunita w/o Ramesh Jadhav (Bokade) Respondent -- Shri V.D. Gunale, Advocate for the Petitioner. Respondent absent, although served. Coram : Shrihari P.Davare, J. Date : 23rd September 2010. P. C. 01. Heard Shri V.D.Gunale, Advocate for the Petitioner. 02. It appears that the respondent-wife has filed Hindu Marriage Petition bearing No.123 of 2009 before the learned Civil Judge, Senior Division, Latur under Section 5(1) (11) of the Hindu Marriage Act, 1955., for declaration of her marriage tie with the petitioner herein as null and void. In the said petition, the respondent-wife preferred an application below Exh.15 for maintenance pendente-lite, on 2.1.2010. 2 03. The husband-petitioner herein opposed the said application, by filing say below Exhibit 19. However, the learned Civil Judge, Senior Division, Latur, allowed the said application (exhibit 15) and granted maintenance pendente-lite, of Rs.3000/= to the respondent-wife from the date of the application till disposal of the said Hindu Marriage Petition, and also awarded an amount of Rs.3000/= towards the expenses of litigation and further directed that if the husband-petitioner herein failed to pay the said maintenance amount, then the defence of the petitioner herein shall be struck off. Being aggrieved and dissatisfied by the said order, the petitioner herein has filed present petition and impugned the said order. 04. After filing present petition, this court on 13.7.2010, granted interim relief to the petitioner-husband, in terms of prayer clause (D) of the petition, subject to the condition that 50 per cent of the arrears of the amount awarded shall be deposited within a period of three weeks and the petitioner-husband shall undertake to pay such 3 amount to the extent of 50 per cent, during pendency of the petition and notice on interim relief was issued to the respondent-wife. However, the respondent-wife remained absent, although served. 05. Shri V.D. Gunale, learned Counsel for the petitioner herein states that, pursuant to the aforesaid order dated 13.7.2010 passed by this court, the petitioner herein has complied with the aforesaid directions in respect of payment of arrears of maintenance amount and deposited the amount of Rs.9,000/= before the trial court. As regards the further payment of interim maintenance, Mr. Gunale, learned counsel for the petitioner, on instructions, also made the statement that the petitioner-husband shall file an undertaking before the trial court within the period of two weeks from today, stating therein that the petitioner herein shall deposit the further fifty per cent of the amount of maintenance pendente lite i.e. Rs.1500/= per month before the trial court regularly and punctually, on or before 10th day of each month 4 till disposal of the said Marriage Petition and shall comply with the said undertaking, and the said statement is accepted and taken on record. 06. In the light of aforesaid facts and in view of the aforesaid statement and its acceptance, nothing survives in the present petition and, therefore, same stands disposed of, confirming the interim order till disposal of the said Hindu Marriage Petition No. 123 of 2009. Petition disposed of. (SHRIHARI P. DAVARE, J.) pnd/wp5127.10