Najeeb Mohiyoddin Sadeq Mohiyoddin v. Amreen Begum Najeeb Mohiyoddin

906 wp.195.09.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CRIMINAL WRIT PETITION NO. 195 OF 2009 NAJEEB MOHIYODDIN SADEQ MOHIYODDIN

VERSUS

AMREEN BEGUM NAJEEB MOHIYODDIN ...

Advocate for Petitioner : Mr. G. R. Syed.

Advocate for Respondent : Mrs. S. G. Chincholkar. ...

CORAM :

V. K. JADHAV, J.

DATE :

08th December, 2016.

P.C.:

.

The learned counsel for Respondent submits that Respondent / wife got re-married in the year 2013 and she is not interested in pursuing the recovery of the amount as awarded by the learned Magistrate in Criminal Miscellaneous Application No.210 of 2007 and confirmed by the learned Sessions Judge, Parbhani by common order dated 13th February, 2009 in Revision Application Nos.86 of 2008 and 89 of 2008. The learned counsel submits that as per the interim order passed by this Court, the Petitioner / husband has deposited Rs.25,000/- before this Court and if the same is permitted to be withdrawn by the Respondent / wife, that would suffice the purpose and the Respondent / wife would not initiate any recovery proceedings for the remaining amount as now she got re-married.

906 wp.195.09.odt In view of the above, the cause for filing the present criminal writ petition has been rendered infructuous and the criminal writ petition is thus disposed of as infructuous. The Respondent / wife is permitted to withdraw the amount of Rs.25,000/- deposited by the Petitioner in this Court. Rule discharged.

[ V. K. JADHAV, J. ] ndm