bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6099 OF 2008 PETITION NO. 6099 OF 2008 PETITION NO. 6099 OF 2008 Mrs.Arohi Vidyutkumar Kulkarni @ Vijaya Gangadhar Sant ... Petitioner v/s Mr.Vidyutkumar Laxman Kulkarni ... Respondent Ms.Seema Sarnaik for the petitioner. Mr.Uday Warunjikar for the respondent. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 21ST OCTOBER, 2008 21ST OCTOBER, 2008 21ST OCTOBER, 2008 P.C. P.C. P.C.: 1. The petition has been filed against the order dated 16.10.2007 rejecting the application filed by the petitioner for interim maintenance. The application filed by the petitioner under Section 37(2) of the Special Marriage Act, 1954 is still pending before the Family Court. The issue which arises for consideration is, whether the application i.e. Application No.474 of 2007 is maintainable in view of the fact that an earlier application filed under the same provisions of law had been partly allowed and appeals are pending in this Court against that decision. 2 2. In my opinion, it would not be proper to consider this interim application at this stage as the maintainability of the application under Section 37(2) is yet to be decided. 3. The Family Court is directed to decide the maintainability of the main application within three months from today. 4. It is made clear that this petition is being disposed of without adverting to the merit of the order and any observations in the impugned order will not influence the Family Court while deciding the main application. 5. Writ petition disposed of accordingly.