1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.327 OF 2008 IN FAMILY COURT APPEAL NO.211 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Ms.Jyoti Karantha i/b B.P.Jakhade for the applicant. Mr.Samir Vaidya with Qulestan Dubash with Smeeta Deokar for the respondent. CORAM : D.B.BHOSALE AND R.Y.GANOO, JJ. DATED : 23/02/2010 PC: 1. Mr.Vaidya, learned counsel for the respondent-husband submits that as per the order dated 12.1.2010 the respondent-husband has paid Rs.3,40,000/- to the appellant-wife. Counsel for the appellant-wife submits that the respondent-husband is still in arrears of about Rs.70,000/-. Mr.Vaidya, learned counsel for the respondent-husband, on instructions, submits that if there are any arrears of maintenance as of today the respondent shall pay the same within a period of six weeks from today. His statement is accepted. It is needless to state that the respondent-husband shall S 2 continue to pay the maintenance, as per the impugned judgment, till his application No.151 of 2008 in family court appeal No.85 of 2008 is heard. 2. At this stage we are informed that the respondent’s appeal being family court appeal no.85 of 2008 has been dismissed by this court for non compliance of the order dated 14.1.2009. By the said order the respondent was directed to clear the arrears of maintenance. Mr.Vaidya, submits that the respondent shall file civil application for restoration of the appeal within two weeks from today. The respondent may do so with an advance copy thereof to the advocate for the appellant. 3. Ms.Karantha, learned counsel for the appellant, on instructions, from her client, who is present in the court submits that at this stage she does not press the present application and seeks liberty to file fresh application for similar prayers, if the apepal is not heard and disposed of within one year from today. The application is disposed of as not pressed with liberty as prayed. (R.Y.GANOO,J.) (D.B.BHOSALE, J.)