Taiyyab Sayyad Pangarkar and Anr. Vs Naseem Taiyyab Pangarkar and Anr.

This petition has been filed since 13^th December, 2011. The petitioner did not move the petition and it remained for 5 months before an order came to be passed on 1^st March, 2012 to issue notice. After service of notice it came up in July, 2012 after which it came to be adjourned from time to time for settlement. On 7^th March, 2013 an interim order had been passed. Since no maintenance was paid despite the passing of the order of maintenance by the learned Magistrate's Court, Bandra on 25.01.2011, the husband was directed to pay 50% of the maintenance amount and deposit all the arrears within 4 weeks from 7^th March, 2013. Counsel on behalf of the petitioners states that Rs.1 lac has been deposited. The total arrears is Rs.4,05,000/- from the date of the impugned order which is 25.01.2011. No maintenance has been paid to the wife. This constitutes a stay upon the order without any such application for stay and without the Court passing any order of stay. It is an abuse of the legal process.

It is seen that the husband has filed the petition and not sought to prosecute it and has continuously asked for time initially for

(2) (10) WP 3819/11

settlement and later for deposit but not deposited as directed by the Court. The writ petition is, therefore, dismissed.

deposited.

(ROSHAN DALVI, J.)

Taiyyab Sayyad Pangarkar and Anr. v. Naseem Taiyyab Pangarkar and Anr.