Rebecca Smith v. Firdos Mubari

11-ia-1610-2022 in wp-541-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1610 OF 2022 IN WRIT PETITION NO.541 OF 2020 Rebecca Smith ...Applicant

IN THE MATTER BETWEEN

Firdoz Mubaraki

...Petitioner

Vs.

Rebecca Smith

...Respondent

---- Mr.S.S. Ambedkar i/b Ms.Vishakha Potdar for the Petitioner. Ms.Pooja Jalan for the Applicant.

---- CORAM : C.V. BHADANG, J.

by NILAM SANTOSH KAMBLE Date: 2022.08.17 17:25:44 +0530 NILAM SANTOSH KAMBLE DATE : 17 AUGUST 2022 P.C.

.

This is an Application for withdrawal of the amount of maintenance deposited by the Respondent-Husband before the Family Court as per order dated 24 January 2020 passed by this Court towards arrears of maintenance. In pursuance of the said order the Respondent-Husband has deposited an amount of Rs.5 Lakhs.

N.S. Kamble page 1 of 2

11-ia-1610-2022 in wp-541-2020 2.

The Application is opposed on behalf of the Respondent-Husband on the ground that the Applicant-Wife has already withdrawn the maintenance of Rs.3,75,000/- and she is an Australian citizen and has sufficient means to maintain herself. 3.

I have considered the submissions made. The challenge at the instance of the Respondent-Husband in Writ Petition No.541 of 2020 is to the order of interim maintenance, the contention raised on behalf of the Respondent-Husband can be examined when the Writ Petition is taken up for admission/hearing.

4.

For the present, it is undisputed that the amount of Rs.5 Lakhs deposited towards arrears if maintenance in pursuance of the order dated 24 January 2020 that is more than 2 and 1⁄2 years, lying before the learned Family Court. 5.

Thus, the Interim Application is allowed. The Family Court shall permit the Applicant-Wife to withdraw the amount deposited by the Respondent-Husband along with interest, if any.

C.V. BHADANG, J.

N.S. Kamble page 2 of 2