Mohammed Husain Iqbal Husain Shaikh v. Shameem Gafoor Shaikh And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.620 OF 2015 Mohammed Husain Iqbal

...Petitioner

Versus

Shameem Gafoor Shaikh and Anr.

...Respondents

Mr.A.A.Maniyar, for the Petitioner.

Ms.Vaisahali Choudhari, for the Respondent No.1. Mr.A.Kamkhedkar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 5th OCTOBER, 2016 P.C. :

1.

Learned Counsel for the Petitioner, after arguing for some time, seeks leave to withdraw this petition with liberty to file an appropriate application on the basis of the documents annexed to the petition and subsequent developments.

2.

Accordingly, the petition is dismissed as withdraw with liberty as prayed.

2/2 903-wp.620.2015.doc 3.

If an application is filed by the petitioner before the Family Court, on the basis of change of circumstance, the same shall be decided on its own merits, in accordance with law, if the said application filed by the petitioner is maintainable.

4.

Learned Counsel for the respondent no.1 states that the respondent no.1's application being Criminal Miscellaneous Application No.22 of 2014, seeking enhancement of the maintenance is pending before the Family Court, since 2014 and requests that the same be expedited. 5.

Accordingly, the hearing of the application filed by the respondent No.1 being Criminal Miscellaneous Application No.22 of 2014 is expedited. The same shall be disposed of as expeditiously as possibly, and in any event, within a period of three months from the date of receipt of this order.

6.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.