INDRAJIT BOSE Vs. SHARMISTHA BOSE

JUDGEMENT

(1.) Petitioner impugns judgment dated 14.12.2016 whereby the appeal of the petitioner impugning order dated 16.01.2015 of the Trial Court fixing interim maintenance was rejected. Interim maintenance of Rs.5000/- per month was fixed by the Trial Court.

(2.) Learned counsel for the petitioner submits that by order dated 22.05.2017, on default of the petitioner to pay the arrears of maintenance, his defence has been struck off.

(3.) Learned counsel for the parties agree that on petitioner paying the entire arrears of maintenance to the respondent in two equal instalments, first instalment being paid on or before 26.08.2019 and the second instalment being paid on or before 25.09.2019, the order dated 22.05.2017 be set aside and petitioner be given an opportunity to defend the petition.