Shaikh Yousuf Shaikh Allauddin v. Syed Mohsina Syed Shakeel And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 270 OF 2005 SHAIKH YOUSUF SHAIKH ALLAUDDIN

VERSUS

SYED MOHSINA SYED SHAKEEL & ANOTHER ...

Advocate for Petitioner : Mr R R Mantri APP for Respondents: Mr S W Munde Advocate for Respondent : Mr G R Syed ...

CORAM : V.K. JADHAV, J.

Dated: December 06, 2016 ...

PER COURT :- 1.

The learned counsel for the petitioner has submitted the purshis today and same is accepted. It has contended in the pursis that, the petitioner has paid Rs.57,180/-(Rs. Fifty Seven Thousand one hundred and eighty only) out of an amount of Rs.60,000/- awarded by the Judicial Magistrate First Class, Vaijapur by order dated 26.3.2002 in Cri.M.A. No.13/2001 and confirmed by the Sessions Judge, Aurangabad by Judgment and order dated 7.5.2005 in Criminal Revision No.78/2002 towards the amount of reasonable maintenance. Learned counsel submits that, the petitioner is also ready to pay in cash the remaining

amount of Rs.2,820/-. The said amount of Rs.2,820/- is paid to the respondent-wife before the Court today. Learned counsel further submits that, in case, any deficit in the amount is found, respondent-wife may approach the Trial Court for execution. The learned counsel submits that, so far as the impugned order directing the petitioner to deposit Meher amount, maintenance of iddat period and amount of Rs.23,000/- towards ornaments and gift articles are concerned, the same is not disputed by the respondent wife.

2.

Learned counsel for respondent-wife, on instructions submits that, the respondent-wife has received the ornaments, gift articles worth of Rs.23,000/- and she has also received the Meher amount and maintenance amount during Iddat period. Learned counsel for respondent-wife submits that, there is some dispute about the amount of one time maintenance deposited before the Trial Court. Learned counsel submits that, on verifying the same, if needed, the respondent-wife may file an application for execution in respect of the amount remained to be unpaid.

3.

In view of the above statement, the purpose of filing the present criminal writ petition has been rendered infructuous. Writ Petition is disposed of as infructuous. Rule discharged.

4.

In response to the interim order passed by this Court, the petitioner-husband has deposited certain amount before this Court and, if, the same is not paid to the respondent-wife, the respondent-wife is at liberty to withdraw the same.

( V.K. JADHAV, J. ) ...

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