Maherunnisa Mohammed Badshah Sayyed And ANR v. Sayyad Asif Sayyad Abbas And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1353 OF 2016 IN CRIMINAL WRIT PETITION NO.1410 OF 2015 Maherunnisa Mohammed Badshah Sayyed and anr.

..Applicants

Versus

Sayyad Asif Sayyad Abbas and anr.

..Respondents Mr Zaheerkhan Pathan, Advocate for applicants Mr Z.M.Pathan, Advocate for respondent No.1 Ms R.P. Gaur, A.P.P. for respondent No.2 CORAM : N.W. SAMBRE, J.

DATE : 11th March 2016 PER COURT Heard.

2.

The application is objected by learned Counsel for respondent No.1, wherein prayer for withdrawal of amount of maintenance is made on the ground that since two decades, the present applicants are not in touch with the respondent No.1 and already there was talaq in between the parties.

3.

In my opinion, the application can be granted subject to outcome of the petition in which the present application is filed, as looking to the social object of the cause for the maintenance. 4.

As such, application stands allowed. Post the Criminal Writ Petition No.1410 of 2015 for admission after three weeks. In the meantime, interim stay to continue.

( N.W. SAMBRE, J.) vvr