1 RPWST.9578.2011-WP.5176.2010.odt mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION (ST). NO.9578 OF 2011 IN WRIT PETITION NO. 5176 OF 2010 Deepak Gokulchand Agarwal ...Petitioner Vs. Meghna Deepak Agarwal ...Respondent Mr. J.P. Sen i/b. M/s. Federal & Rashmikant for Petitioners Mr. A.M. Saraogi for Respondent CORAM: SMT. ROSHAN DALVI, J. DATED : 28TH APRIL 2011 P.C. 1. The Petitioner husband sued for judicial separation in the Family Court. The Respondent wife applied for maintenance and for certain medical expenses. The husband sought to withdraw the Petition soon after those applications were filed to frustrate those applications. Certain orders came to be passed by the Family Court, which were challenged in the Writ Petition filed by the husband. Both were separate orders for separate reliefs, separately considered and separately challenged. They have, therefore, been separately considered in the Writ Petition also. 2. Upon the position in law that interim maintenance is statutorily payable to a wife who cannot support herself and upon the husband's Petition being dismissed or withdrawn that application comes to an end and 2 RPWST.9578.2011-WP.5176.2010.odt would have separately filed by her in another proceeding. The order in the Writ Petition with regard to interim maintenance was to be separately considered from the order with regard to the medical expenses. 3. Upon the claim of the wife being rendered infructuous on the withdrawal of the Petition, the Writ Petition filed would equally be rendered infructuous. However the husband sought to challenge the order of interim maintenance and hence that came to be considered in the impugned order. 4. The interim maintenance was granted only until the withdrawal of the Petition. The extent of the maintenance payable on merit is considered. 5. No case for review is made out. Review Petition is dismissed. (SMT. ROSHAN DALVI, J.)