Bombay High CourtAPPP/260/2019dismissed

Gulshan Shankarrao Barsagde v. Savita Gulshan Barsagade And Othr.

2019-02-25Hon'Ble Shri Justice Z.A. Haq2 pages

1 appp260.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.260/2019 IN CRIMINAL APPLICATION (APL) 9/2019 Gulshan Shankarrao Barsagde ..Vs..

Savita Gulshan Barsagade and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. S.O. Tapdiya, Advocate h/f Shri A.M. Quazi, Advocate for the applicant.

Shri N.C. Vaidya, Advocate for non-applicant No.1. Shri V.P. Maldhure, A.P.P. for non-applicant No.2. CORAM : Z.A. HAQ, J.

DATE : 25.2.2019.

By this application, the applicant / husband has prayed that the interim order passed by this Court on 14th January 2019 be modified and instead of Rs.1,00,000/-, the interim order may be granted on deposit of Rs.62,500/-. It is pointed out that the applicant has deposited Rs.62,500/- on 18th February 2019 and, therefore, the interim order granted on 14th January, 2019 be continued. The order dated 14th January, 2019 records that as per the order passed by the learned Magistrate, the applicant was in arrears of Rs.99,000/- towards interim maintenance. A statement was made on behalf of the applicant that amount of Rs.1,00,000/- would be deposited with the Registry of this Court till 13th February, 2019. Thus, the order dated

2 appp260.19 14th January, 2019 was passed, accepting the statement made on behalf of the applicant. In the above facts, in my view, the prayer made on behalf of the applicant for modification of the interim order dated 14th January, 2019 is unjustified. Hence the criminal application is dismissed.

JUDGE Tambaskar.