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Bombay High CourtAPPLN/2536/2021disposed off

Snehal W/O. Sushant Kadam v. Sachin S/O. Subhash Pawar And Others

2021-10-25Hon'Ble Shri Justice V.K. Jadhav,Hon'Ble Shri Justice Sandipkumar C. More2 pages

37-CriAppln-3902-2019 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 CRIMINAL APPLICATION NO. 2536 OF 2021 IN/WITH APPLN/3902/2019 WITH APPLN/348/2020 WITH APPLN/2173/2021 SNEHAL W/O SUSHANT KADAM

VERSUS

SACHIN S/O SUBHASH PAWAR AND OTHERS .....

Advocate for Applicant : Mr. Kshitij Surve APP for respondent No.6-State : Mr. S. J. Salgare Advocate for Respondent Nos. 1 to 5 and 7 to 9 : V. B. Jogdand Patil .....

CORAM : V. K. JADHAV AND SANDIPKUMAR. C. MORE, JJ.

DATED : 25th OCTOBER, 2021 PER COURT:- 1.

Heard both sides.

2.

In terms of the settlement, respondent on.7-husband has deposited an amount of Rs.14,00,000/- before this Court. It has been agreed between the parties that respondent no.7-husband will pay Rs.28,00,000/- in two installments to the applicant-wife. The first installment of Rs.14,00,000/- will be paid before 13.09.2021 and the remaining amount will be paid on 30.11.2021. In compliance of the said settlement terms, respondent no.7-husband has deposited Rs.14,00,000/- before this Court. This application is filed for

37-CriAppln-3902-2019 -2withdrawal of Rs.5,00,000/- out of the amount deposited before this Court on the ground that the applicant-wife has to enroll herself for the course of Doctorate of Business Administration. Learned counsel for the applicant submits that the applicant may be permitted to withdraw the said amount in her maiden name since there is no bank account in her name after marriage.

3.

Learned counsel appearing for all the respondents including respondent no.7-husband, on instructions, submits that the respondents have no objection if the applicant-wife is permitted to withdraw the amount of Rs.5,00,000/-.

4.

We have perused the terms of settlement and since the other side has no objection if the applicant wife is permitted to withdraw the amount of Rs.5,00,000/- out of the amount deposited before this Court, Criminal Application No. 2536 of 2021 is allowed in terms of prayer clause "A" and disposed off accordingly. The applicant is permitted to withdraw the said amount in her maiden name. 5.

List Criminal Application No. 3902 of 2019 on 03.12.2021. (SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.) vre