JUDGMENT Shree Chandrashekhar, J. - The petitioner, who has instituted Matrimonial Title Suit No.72 of 2011 seeking divorce, is aggrieved of order dated 10.04.2014 by which he has been directed to pay Rs. 7,000/- per month as maintenance pendente lite and Rs. 5,000/- towards legal expenses to his wife. 2. The suit was instituted on 16.03.2011. At that time, the petitioner was working as a Sales & Application Engineer with Y.G. Cutting Tools Corporation Pvt. Ltd. He claims that on 25.06.2012 he had tendered his resignation from the said post. 3. The learned counsel for the petitioner submits that as on the date when the order of interim maintenance was passed by the trial Judge the petitioner was not in service and he had no source of income. 4. In the first place it is the petitioner who has tendered his resignation from service and not that he has been removed from service. Marriage between the parties is admitted by the petitioner and, thus, in law, he is under an obligation to maintain his wife. No doubt, the application under section 24 of the Hindu Marriage Act, 1955 shall be decided considering the capacity of the parties, I find that except taking a plea that the impugned order dated 10.04.2014 proceeds on a premise that the petitioner was in service, no other plea has been raised by the petitioner. 5. In the above facts, I find no infirmity in the impugned order dated 10.04.2014 and accordingly the writ petition is dismissed. 6. By an order dated 29.03.2016 the petitioner was directed to deposit 50% of the awarded amount alongwith Rs. 5,000/-. 7. At this stage, the learned counsel for the petitioner submits that some time may be given to the petitioner for complying with order dated 10.04.2014. 8. Accordingly, it is ordered that by 02.11.2018 the petitioner shall deposit Rs. 50,000/- and thereafter the balance amount shall be deposited by him in equal instalments within a period of next five months.