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Bombay High CourtAPPW/134/2022allowed

Akshay S/O Popat Makhare v. Sneha W/O Akshay Makhare

2022-07-29Hon'Ble Shri Justice Vinay Joshi2 pages

1 12 appw 134.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.

I N WRIT PETITION NO. 416 OF 2022 Shri Akshay s/o Popat Makhare ..vs..

Sneha w/o Aksay Makhare - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Smt. S.D. Paul, Advocate for the applicant/respondent. Shri S.S. Dewani, Advocate for the petitioner. CORAM :

VINAY JOSHI, J .

DATED :

29 /07/2022.

Heard.

2.

This is an application of respondent-wife seeking permission to withdraw the maintenance amount deposited by the petitioner-husband. Though the learned Counsel appearing for petitioner-husband seeks time to file reply, I find no propriety even in granting time to file reply.

3.

The application is allowed.

4.

The respondent-wife is permitted to withdraw the amount of maintenance which has been deposited in this Court. The Registrar (Judicial) to act accordingly.

5.

The respondent-wife shall given a simple undertaking in the office that in case of reversal of maintenance order on attaining finality, she would

2 12 appw 134.2022 return the amount.

6.

This being a matrimonial dispute, the learned Counsel for the petitioner/husband submitted that the matter could be settled through mediation. The other side has no objection for sending the matter for settlement.

7.

By consent of both side Mrs. P.M. Chandekar, Advocate is hereby appointed as a Mediator. The parties shall appear before the Mediator within two weeks from today after seeking her prior appointment. 8.

The learned Mediator shall submit the report within a period of one month from the date of first appearance of parties.

9.

Stand over to 05.09.2022.

(VINAY JOSHI, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 01.08.2022 12:55