1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1212 OF 2010 IN WRIT PETITION NO.1116 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Ms Manisha Pant i/b M/s Bhave & Co for the applicant. Mr K.S.Shukla i/b L. K. Bulchandani, for the respondent. CORAM: D.B.BHOSALE, j. DATE : 29/09/2010 PC: Heard learned counsel for the parties. By this civil application, the applicant is seeking modification of the order dated 1.12.2009. The order dated 1.12.2009 reads thus : “Ms Pant, learned counsel for the petitioner, on instructions, submits that without prejudice to the rights and contentions of the petitioner, he will deposit entire arrears of maintenance within a period of six weeks from today in the family court. On such deposit being made by the petitioner-husband, it is open to the respondent-wife to T 2 withdraw 50% of the amount unconditionally. The writ petitions to come up for hearing after eight weeks.” The applicant in paragraph 8 of the application has stated that during the hearing of the writ petition, the applicant was ready and willing to pay an amount of Rs.15000/- per month as and by way of maintenance for both the children and that he had never expressed his willingness to pay the maintenance in accordance with the impugned order dated 4.9.2009. This contention of the applicant is not only incorrect but is afterthought. The order dated 1.12.2009 was dictated in the open court when the applicant was also present along with his advocate. The applicant has taken the stand as mentioned in paragraph 8 of the application after about four months. In my opinion, modification, as sought, cannot be granted. Hence, the application is rejected. This, however, shall not preclude the applicant from 3 seeking further time to deposit the amount from the court taking these matters. (D.B.BHOSALE, J.) 4