Smt. Anuja Lata Kumar v. Shri. Sanjay Kumar S/O. Shri. Mewaram

(905)CAM-391-18.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.391 OF 2018 IN FAMILY COURT APPEAL NO.77 OF 2012 Anju Lata Kumar ..Applicant

IN THE MATTER BETWEEN

Sanjay Kumar s/o Shri Mewaram ..Appellant vs.

Anju Lata Kumar ..Respondent Ms. Sharmila Deshmukh, for the Applicant.

Mr. A.S. Khandeparkar i/by Ms.Shilpa A. Joshi for the Respondent. CORAM : INDRAJIT MAHANTY & SARANG V. KOTWAL, JJ.

DATE :

17th JANUARY, 2019.

P.C.

1] This Civil Application has been made by the Applicant herein (Respondent in Appeal), for permission to withdraw a sum of Rs.4,00,000/- which has been deposited by the Respondent herein (Appellant in appeal). in pursuance to the order dated 28th January, 2013. In the application, it is stated that the applicant requires release of such amount for funding further education of the children.

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(905)CAM-391-18.doc 2] Having perused the application and having heard the learned counsel for respective parties, we are of the considered view that prayer (a) needs to be allowed.

3] Accordingly, the Registry is directed to release the amount of Rs.4,00,000/- alongwith any interest thereon, in favour of the applicant, on her due verification. We, further, clarify that these directions are made subject to final order that may be passed in the Appeal. Matter be placed in the week commencing from 11th March, 2019 for final hearing.

(SARANG V. KOTWAL, J) (INDRAJIT MAHANTY, J) 2/2