Mrs.
Bhatt, learned advocate for the applicant ? petitioner submits that the applicant is ready and willing to take his wife to his matrimonial house. She further submits that yesterday, an affidavit on behalf of the respondent has been served and therefore, sometime is required to take instruction in connection with the averments made in the said affidavit. The said affidavit filed by the respondent also necessitates rejoinder by the petitioner. Mr. Joshi, learned advocate has opposed the request for adjournment and submits that since the decree, the respondent has not paid the amount towards the maintenance, therefore, Section 125(3) proceedings have been initiated. It is by virtue of the order passed in the said proceedings that out of total dues of Rs.1.80 Lacs, the applicant has deposited only Rs.40,000/-. He admits that the respondent is allowed to withdraw the said amount of Rs.40,000/-. The applicant is directed to deposit further amount of Rs.20,000/- on or before 7.7.2008 and on amount being deposited, the respondent will be allowed to withdraw the same. The said amount will be deposited by the applicant in the Court, where the proceedings under Section 125(3) are pending. On the said condition and direction, S.O. to 11.7.2008.
(K.M.THAKER, J.) ynvyas Top