Janvi Parasram Mehata Through Guardian Aarti Parasram Mehata And Others v. Parasram Narayan Mehata And Others

{1} ca7067-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7067 OF 2015 IN WRIT PETITION NO. 3775 OF 2015 Janvi Parasram Mehata & Others APPLICANTS

VERSUS

Parasram Narayan Mehata & others RESPONDENTS .......

Mr. Amit A. Mukhedkar, Advocate for the applicants Mr. Arvind Deshmukh, Advocate for respondents No.1 and 2 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 14 th AUGUST, 2015 ORDER :

1.

Parties do not dispute that the amount sought to be withdrawn is an amount towards part of monthly maintenance meant for plaintiff No.1.

2.

Perusal of the order impugned in the writ petition also shows that various aspects involved in the matter have been considered by the court and thereafter the order has been passed.

3.

The writ petition is yet to be considered on merits. This court, while passing an order on 16th April, 2015 had observed

{2} ca7067-15 that it would be open for respondents No.1 and 2 therein to make an application for withdrawal of amount. Accordingly, this application has been moved.

4.

Mr. Deshmukh, learned advocate has some reservations for withdrawal of the amount stating that the mother is in a position to maintain the child and in such a case, this amount is not necessary to be withdrawn.

5.

However, looking at that the amount is meant for maintenance of the child and the amount being part of maintenance, the applicants deserve to withdraw the same. 6.

Accordingly, civil application stands allowed in terms of prayer clause "B" and is disposed of.

[SUNIL P. DESHMUKH, J.] drp/ca7067-15