Rajiya Nahid W/O. Shaikh Ahmed And ANR. v. Shaikh Ahmed S/O. Shaikh Yasin

criap2596.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2596 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 25 OF 2016 Rajiya Nahid w/o Shaikh Ahmed & anr.

..APPLICANTS

VERSUS

Shaikh Ahmed s/o Shaikh Yasin ..RESPONDENT Mr Quadri Taher Ali, Advocate holding for Mr Zia Ul Mustafa, Advocate for applicants;

Mrs. S. G. Chincholkar, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 29th June, 2016 ORAL ORDER :

This is an application for withdrawal of the amount of maintenance. In compliance with the order dated 3rd February, 2016, passed by this Court, the respondent has deposited the amount of Rs. 18,000/- before this Court, towards liability of maintenance.

2.

Learned Counsel appearing on behalf of applicants submits that applicants be permitted to withdraw the said amount, which prayer strongly opposed by the learned Counsel appearing on behalf of the respondent. 3.

In my opinion, in the interest of justice, the prayer of the applicants for withdrawal of amount of maintenance, deposited by the respondent

criap2596.16 (2) needs to be allowed.

4.

Hence, applicants are permitted to withdraw the amount of maintenance, deposited by the respondent, upon giving undertaking, in case if the respondent succeeds, they shall redeposit the said amount with interest @ 6% p.a., within period of two weeks of such order. (N.W. SAMBRE, J.) sjk