Mandakini Bhausaheb Thange And Another v. Bhausaheb Laxman Thange And Others

1 CA-1034-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1034 OF 2021 IN WRIT PETITION NO. 7136 OF 2016 Mandakini w/o. Bhausaheb Thange and Anr. ...Applicants

Versus

Bhausaheb s/o Laxman Thange and Ors.

...Respondents

.......

Mr. S.P.Salgar, Advocate holding for Mr. Niteen V. Gaware, Advocate for Applicants Mr. A.A.Pimpalwadkar, Advocate for Respondents .......

CORAM :

R. G. AVACHAT, J.

DATE :

11-02-2021.

ORDER :

01.

By this application, the applicants (original respondents) in Writ Petition No. 7136 of 2016 seek permission to withdraw the amount of Rs. 65,000/- deposited by the respondent No. 1 in this Court pursuant to the Order dated 11.7.2016 passed in the writ petition. 02.

The challenge in the Writ Petition No. 7136 of 2016 is to the order dated 2.11.2015 passed by IInd Joint Civil Judge, Senior Division, Ahmednagar in Special Civil Suit No. 29/2015 directing the respondent No. 1 to pay a

2 CA-1034-21 sum of Rs. 8,000/- per month towards maintenance of the applicant No. 2 herein.

03.

Relationship between the parties to the application is undisputed. Respondent No. 1 is the father of applicant No. 2. He is, serving as a Teacher, therefore, under statutory obligation to make a provision for maintenance of his minor daughter. The amount is deposited in this Court pursuant to the order dated 11.7.2016 towards the maintenance of applicant No. 2. It has been averred in para 5 of the application that applicants are in need of money.

04.

Inspite of service of notice of this application, no appearance has been caused by the respondent No. 1.

05.

The application is, therefore, allowed. The applicants are permitted to withdraw the amount of Rs. 65,000/- together with interest accrued thereon. [R.G.AVACHAT] JUDGE Dahibhate/-