Vishal S/O Fulchand Kitke v. Mrs. Ashwini W/O Vishal Kitke

cwp.453.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APPW] No.33 of 2018 in Criminal Writ Petition No.453 of 2017 Vishal Fulchand Kitke vs.

Ashwini w/o Vishal Kitke =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. U.G. Mahalle, Advocate h/f Shri A.R. Khare, Advocate for the Applicant/Respondent.

Shri R.R. Rathod, Advocate h/f Shri Mahesh Mourya, Advocate for the Non-Applicant/Petitioner.

CORAM

: S.B. SHUKRE, J.

DATE : 24 th FEBRUARY, 2018.

Heard the learned Counsel appearing for the applicant-wife, who is the respondent.

Shri Rathod, Advocate holding for Shri Mahesh Mourya, learned Counsel for the petitioner, states that Shri Mourya has informed him to make a request for granting one week's time, as Shri Mourya is out of station. One week's time can always be granted, but the time so granted cannot be allowed to take away the right of the respondent-wife to seek maintenance under the provisional order, as passed by this Court on 25th May, 2017. Therefore, time of one week is granted, which is granted for

cwp.453.17 2/2 hearing this petition finally. But, it is subject to allowing the respondent-wife to withdraw the amount of maintenance deposited by the petitioner in the lower Court. Therefore, it is directed that the respondent-wife is permitted to withdraw the arrears of maintenance amount deposited by the petitioner in the lower Court. Keep the matter for final disposal after two week. The application is allowed and disposed of as such. JUDGE *sdw