Alvina @ Shabana Mubarak Nadaaf And ANR v. Mubarak Gulab Nadaaf And ANR

Dusane 1/2 appw155.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.155 OF 2016 IN WRIT PETITION NO.4716 OF 2015 Alvina @ Shabana Mubarak Nadaaf ....

Applicants & Anr.

Vs.

Mubarak Gulab Nadaaf & Anr.

....

Respondents Mr. Ranjeet Patil, Advocate for the applicants. Mr. V.S. Talkute, Advocate for the Respondents. Coram : Smt. R.P. SondurBaldota, J.

Date : 17th June, 2016 P.C.

This application is by the original respondent- wife for withdrawal of the amount deposited by the petitioner pursuant to the order dtd. 24th February, 2016. The order records that the arrears of maintenance payable by the petitioner had run upto over Rs.6,00,000/- and there was to be attachment of the salary of the petitioner from the month of February, 2016. The petitioner was therefore directed to deposit by 10th March, 2016, a sum of Rs.3,00,000/- in this court. The order further directed that in the

Dusane 2/2 appw155.2016 event the petitioner fails to deposit that amount by 10th March, 2016, there shall be attachment of salary, for the month of February, 2016 as well as further months. The petitioner has thereafter deposited the amount. In the fact of direction of the court, there is an order of the court to the petitioner to pay maintenance to the respondent-wife and the child and pendency of proceedings for execution of the order, the respondent-wife can be permitted to withdraw the amount. The Civil Application is accordingly allowed in terms of prayer clause (a). (Smt. R.P. SondurBaldota, J.)