1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 870 OF 2009 Prabhakar Waman Joshi ..Petitioner Versus Pratibha Prabhakar Joshi ..Respondent Mr. Pankaj Das for the Petitioner. Mr. Milind Deshmukh for the Respondent. CORAM : R. V. MORE, J. DATED : JULY 9, 2010. P.C.: Heard Mr. Das and Mr. Deshmukh, the learned counsel for the respective parties. 2. The Petitioner is husband and Respondent No.1 is his wife. The Respondents filed Special Civil Suit No. 13 of 2001 (now numbered Special Civil Suit No. 36 of 2004) for grant of maintenance under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred as the said Act). 2 The suit is disposed of by the decree dated 12th January, 2007. The Petitioner is directed to pay to the Respondent an amount of Rs. 72,000/­ towards past maintenance. Petitioner was further directed to pay an amount of Rs. 1,00,000/­ towards expenses of the marriages of their daughter. In addition to this, the Petitioner was directed to pay an amount of Rs. 2,000/­ per month to the Respondent towards future maintenance from the date of this suit, and an amount at the rate of Rs. 1000/­ per month to their daughter. This order is carried out in an Appeal by the Petitioner, however, the same is pending in the High Court. 3. In the meanwhile, the Petitioner also preferred Hindu Marriage Petition No.18 of 2005, for decree of divorce against the Respondent, and in this proceedings, the Respondent filed an application below Exhibit 13 under section 24 of the Hindu Marriage Act, 1955, for interim maintenance at the rate of Rs. 3000/­ per month. The trial Court by the order dated 9th June, 2006 directed Petitioner to pay an amount of Rs. 500/­ per month to the Respondent by way of interim 3 maintenance in addition to an amount of Rs. 4000/­, towards the costs of the litigation. While granting interim maintenance, the trial Court took into consideration the amount Respondent has been awarded in proceedings under section 18 of the said Act. 4. Respondent thereafter filed two Applications at Exhibit 27 and 31. Exhibit 27 was filed for the directions to the Petitioner to pay an amount of Rs.2000/­ by modifying the earlier order under which the Respondent was getting Rs. 500/­. This Application was made on the ground that the Petitioner is not paying an amount of Rs. 2000/­ granted under section 18 of the said Act, towards maintenance. The Application at Exhibit 31 was filed by the Respondent for striking Petitioner's pleadings in marriage proceedings. 5. Both the above Applications came to be disposed of by the learned Civil Judge, Senior Division, Malshiras. The Application at Exhibit 31 was rejected, however, the Application at Exhibit 27 was allowed, and the Petitioner is 4 directed to pay the maintenance allowance to Respondent/wife at fresh rate of Rs. 2000/­ per month from the date of this Application Exhibit 27. By the present Petition, the Petitioner has challenged the impugned order so far as it relates to Exhibit 27. 6. The learned Trial Judge while granting the Respondent's interim maintenance at fresh rate of Rs. 2000/­, though, observed that the Petitioner has not paying an amount of Rs. 2000/­ granted in Special Civil Suit No. 36 of 2004, he has not ordered that the amount of Rs. 2000/­ which is being granted under the impugned order, is in lieu of the maintenance in Special Civil Suit No. 36 of 2004. 7. The learned counsel for the Respondent agrees that the Respondent is entitled for maintenance at the rate of Rs. 2000/­ per month as per the order passed in Special Civil Suit No. 36 of 2004, and Rs. 500/­ as per the order dated 9th June, 2006, below Application Exhibit 13 in Marriage Petition No.18 of 2005 passed by the Civil Judge, Senior 5 Division, Malshiras. The learned counsel for the Petitioner also states that Petitioner will pay maintenance of Rs. 2000/­ to the Respondent as per the final order in Special Civil Suit No. 36 of 2004, and this amount will be subject to the out come of the First Appeal pending in the High Court. He further state that, in addition to this amount, the Petitioner will pay to the Respondent an amount of Rs. 500/­ in accordance with order dated 9th June, 2006, below Application at Exhibit 13 in the Marriage Petition No. 18 of 2005. In the above facts and circumstances, the Writ Petition is disposed of by passing following order : :: O R D E R :: i. The impugned order below Application at Exhibit 27 in Marriage Petition No. 18 of 2005, is quashed and set aside. ii. The order dated 9th June, 2006 passed below Application at Exhibit 13 in the said Petition awarding interim maintenance to the 6 Respondents at the rate of Rs. 500/­, is restored. iii. The amount paid by the Petitioner in Marriage Petition in excess of amount of Rs. 500/­ will be adjusted towards maintenance granted under Special Civil Suit No. 36 of 2004. iv. The statement of the Petitioner that he will go on paying to the Respondents an amount of Rs. 500/­ towards interim maintenance granted under Special Civil Suit No. 36 of 2004, is accepted. v. In case, the Petitioner failed to comply with the decree in Special Civil Suit No. 36 of 2004, the Respondents is at liberty to execute the same in accordance with law. (R. V. MORE, J.)