Mrs. Deepa Kiran Shetty And ORS v. Mr. Kiran Prabhakar Shetty

23. ia 3670.20.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3670 OF 2020 IN WRIT PETITION NO. 9944 OF 2016 Mrs.Deepa Kiran Shetty and ors.

.. Applicants In the mater between Mr.Kiran Prabhakar Shetty ....Petitioner Vs.

Mrs.Deepa Kiran Shetty and ors.

..... Respondents Ms.Yogita Deshmukh Chitnis, for the Applicants. Mrs.Indrayani Koparkar, for Petitioner.

CORAM :

M. S. KARNIK, J.

DATE :

11th FEBRUARY, 2021 P.C. :

.

This is an application made by the wife for withdrawal of the amount of Rs.5,40,000/- deposited in this Court by the Petitioner - husband pursuant to the interim order passed by this Court. Learned Counsel for the Petitioner - husband has tendered the reply and opposed the application. Learned Counsel for the Petitioner - husband submits that the application for withdrawal should not be granted. She makes a grievance that despite the 1/2

23. ia 3670.20.doc Family Court granting access of the daughters to the husband, the applicant wife has not abided by the order granting access. Learned Counsel for the wife however submits that couple of months back, access was granted.

2.

Be that as it may, it is always open for the husband to seek enforcement of the order granting access by taking resort to appropriate remedies including approaching the Family Court. However, so far as present application is concerned, the same is for withdrawing arrears of maintenance part of which has been deposited.

3.

In this view of the matter, applicant - wife in this interim application is allowed to withdraw the amount which has been deposited in this Court. Application is allowed in terms of prayer clause (b).

4.

Interim Application is disposed of.

(M.S.KARNIK, J.) 2/2 Urmila P.

Ingle by Urmila P.

Ingle Date:

2021.02.11 14:33:26 +0530