1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2452 OF 2009 WITH WRIT PETITION NO.2453 OF 2009 Joseph Mendonca .. Petitioner. Vs. Ophelia Joseph Mendonca .. Respondents. Mr.Prakash R.Hegde for the petitioner. Mr.Girish Manurkar and Ms.Sandra Pereira for the respondent. Coram: D.B. BHOSALE, J. Dated : 27TH JULY, 2009 P.C. . Heard learned counsel for the parties. 2. Writ Petition No.2452 of 2009 challenges two orders, both dated 2.12.2008, disposing of two applications at Exhibit-6 and Exhibit-8. Both the applications were filed by the respondent-wife. By the application at Exhibit-6 she claimed interim maintenance while by application at Exhibit-8 she sought injunction against the petitioner-husband from removing the minor children from her custody. The Family Court directed the petitioner-husband to pay an amount of Rs.4,000/- each to all the four children by way of interim maintenance from the date of application and also granted injunction as prayed in the application at Exhibit-8. 3. Writ Petition No.2453 of 2009 challenges the order dated 2nd December, 2009, by which the petitioner-husband was allowed to approach the court for access. I have heard learned 2 counsel for the parties for sometime. 4. This court while disposing of civil application No.468 of 2009 vide order dated 28.4.2009, issued the following directions: (i) The respondent wife shall withdraw the amount of Rs.75,000/- which has been deposited in the Family Court by the husband pursuant to the order dated 2.4.2009. The amount of Rs.75,000/- shall be paid over to the wife forthwith by the Family Court. (ii) The husband shall pay maintenance of Rs.2000/- per child per month and deposit the amount each month in the Family Court. The first payment to be deposited by 15th May, 2009 and thereafter the monthly payment shall be deposited on 15th of each month. (iii) The amount which will be deposited in Court by the husband each month, may be withdrawn by the wife. The Family Court shall pay the amount to the wife each month. (iv) Any one default will mean that the order of the Family Court with regard to the payment of Rs.4000/- per child per month will be set in operation. (v) On these conditions being fulfilled, the impugned order is stayed. (vi) In the event the husband succeeds in the petition filed by him, the amount already paid will be considered by the Court while passing orders at the final disposal.” 5. Today learned counsel for the parties fairly submitted that I need not record reasons for disposing of these petitions and they 3 have agreed for the following order: The petitioner shall pay maintenance as per the impugned order dated 2.12.2008 passed on the application at Exhibit-6. The petitioner, after deducting the monies paid by him in pursuance of the aforesaid order dated 28.4.2009, shall pay the arrears to the respondent-wife within a period of six weeks from today. Mr.Manurkar, learned counsel for the respondent, on instructions, states that the respondent-wife shall pay monthly outgoings of the flat, from August 2009, where presently she is residing, without prejudice to the rights and contentions of the parties in the suit in respect of the said flat. His statement is accepted. The respondent-husband and his mother shall inform to the society to accept monthly outgoings from the respondent- wife until further orders from the Family Court. This arrangement is made without prejudice to the rights and contentions of the mother of the petitioner, who has filed the suit in this court for eviction against the respondent-wife and her children. This order shall not preclude the petitioner-husband to approach the Family Court for visitation right and overnight access as and when he comes to India. With these observations the writ petitions are disposed of. (D. B. Bhosale, J.)