Nirmala (Niru) Subhash Sharma v. State Of Maharashtra And ANR

18-Cri-WP-1019-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1019 OF 2023 Subhas M. Sharma ... Petitioner V/s.

State of Maharashtra and Anr ... Respondents WITH INTERIM APPLICATION NO.1863 OF 2023 IN CRIMINAL WRIT PETITION NO.1019 OF 2023 Nirmala (Niru) Subhas Sharma ... Applicant V/s.

State of Maharashtra and Anr ... Respondents ____________________________________ Mr. Amit Dubey i/b Mr. Ashok Sarogi, Advocate for the Petitioner. Ms. Krupali Rajani, Advocate for Respondent No.2 & for Applicant in IA/1863/2023.

Mrs. M. R. Tidke - APP for the Respondent-State. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 21 DECEMBER 2023 P.C.:

INTERIM APPLICATION NO.1863 OF 2023 1.

This Interim Application is filed by husband challenging an order of interim maintenance passed under the D.V. proceedings. 2.

By an order dated 21 March 2023 this Court directed the petitioner to deposit part of the arrears of interim maintenance, Sharada

18-Cri-WP-1019-2023.doc i.e. Rs. 8,00,000/-.

3.

Both the counsel submit that the Applicant had already complied to the said direction and deposited a sum of Rs.8,00,000/- before this Court.

4.

The Respondent No.2 (wife) has now preferred an Interim Application no.1863 of 2023 for seeking permission to withdraw the amount of Rs.8,00,000/- deposited by the Applicant in this Court.

5.

Heard. I have gone through the interim application taking into considering the facts as mentioned in the interim application. I am satisfied that the case is made out to allow this interim application.

6.

Interim Application is allowed in terms of prayer clause (a). Applicant (Nirmala Subhas Sharma) is allowed to withdraw a sum of Rs.8,00,000/- along with accrued interest from this Court. 7.

Interim Application stands disposed of.

8.

All the parties to act on an authenticated copy of this order. CRIMINAL WRIT PETITION NO.1019 OF 2023 1.

Stand over to 8 January, 2024. Ad-interim relief, if any, to continue till then.

(RAJESH S. PATIL, J.) Sharada