1 Rule. Rule made returnable forthwith. By consent of parties, heard finally at the stage of admission.

2 Judge, Court No.3 of the Family Court, Bandra, Mumbai by its order dated 18.11.2011 has allowed the application of the respondent-wife for striking off the defence on the ground of non compliance of the Court’s order of maintenance.

3 The petitioner is a husband of the respondent. They got married on 3.5.1983. However, the marriage did not sail smooth and parties approached the Court by filing petitions against each other. Wife filed petition for divorce bearing No.A-1796 of 1997 under Section 13(1) IA of Hindu Marriage Act of 1955. Thereafter the petitioner-husband also filed petition for divorce on the ground of cruelty which is numbered as A-1803/1998. Proceedings under Section 498-A of IPC are also pending against the husband in the criminal court. The parties arrived at an agreement to settle the matter amicably and filed consent terms on 31.8.2004. One of the consent terms agreed by the parties was that the parties will reside together in the flat at Bussa Apartment, Santacruz and if respondent-wife was required to leave the said flat and stay separately, in th