Anita Bhagwan Janjal v. Bhagwan Kisan Janjal

1 954 CA8325-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8325 OF 2019 (IN WRIT PETITION NO. 4475 OF 2019) Anita Bhagwan Janjal ...Applicant

Versus

Bhagwan Kisan Janjal

...Respondent

.......

Mr. N.A.Matkar, Advocate holding for Mr. R.V.Gore Advocate for the Applicant.

Mr. R.G.Joshi, Advocate for the Respondent.

.......

CORAM :

RAVINDRA V. GHUGE, J.

DATE :

19-07-2019.

PER COURT :

01.

This Court had heard the petitioner-husband in the writ petition on 12.4.2019. By directing the petitioner to deposit an amount of Rs. 1,00,000/- towards the arrears of maintenance, this Court (Coram : P.R.BORA, J) had stayed the impugned Order dated 16.10.2018 granting interim maintenance of Rs. 7,000/- per month to the applicant wife. The civil application is, therefore, filed by the wife for seeking withdrawal of the maintenance amount.

02.

The learned Advocate for the petitioner-husband

2 954 CA8325-19 has strenuously opposed the application.

03.

It requires no debate that the wife can not survive without the maintenance amount granted. Though, an amount of Rs. 1,00,000/- was directed to be deposited, this Court has stayed the Order of maintenance on 12.4.2019.

04.

In view of the above, this application is allowed. The applicant wife is permitted to withdraw the amount of Rs. 1,00,000/- deposited in this Court alongwith accrued interest if any. She shall file a recent photograph, a recent address proof and a copy of her Adhaar Card / Election Commission voter ID Card, at the time of withdrawing the amount.

05.

List the writ petition for "urgent admissions" on 7.8.2019.

06.

Ad-interim relief granted earlier will continue till the next date.

[RAVINDRA V. GHUGE] JUDGE Dahibhate/-