Naziya Afrin W/O Abdul Mobin And Another v. Abdul Mubin S/O Abdul Razzak

4152.22APPLN.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CRIMINAL APPLICATION NO.4152 OF 2022 IN REVN/119/2022 NAZIYA AFRIN W/O ABDUL MOBIN AND ANOTHER

VERSUS

ABDUL MUBIN S/O ABDUL RAZZAQ ...

Advocate for applicants : Ms. F.S. Kazi Advocate for respondent : Mr.E.G. Irale ...

CORAM : S.G. MEHARE, J.

DATE : DECEMBER 14, 2022 PER COURT :- 1.

Heard learned counsel for the applicants and learned counsel for the respondent.

2.

The applicant seeks leave to withdraw the amount of Rs.90,000/- deposited by the husband-non-applicant towards the maintenance. 3.

Learned counsel for the husband opposes the application and would contend that the matter is posted for hearing on 20th December, 2022. He has good case on merit; hence, the applicants may not be allowed to withdraw the amount.

4.

The maintenance has been granted to the applicants-wife and daughter on merit. The husband has no case that he has ever paid the maintenance to the applicants. The husband prima facie appears to have failed to maintain the

4152.22APPLN.odt applicants. Hence, the applicants are entitled to receive the amount deposited by the husband.

5.

The application is allowed in terms of prayer clause "B". Office is directed to pay Rs.90,000/- (Rs. Ninety Thousand only) along with accrued interest thereon if any to the applicants.

(S.G. MEHARE, J.) SGA