Shri Tushar S/O Vasantrao Nikhade v. Smt. Chetan W/O Tushar Nikhade

2107caw1878.16 & 1284.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NOS.1878/2016 AND 1284/2017 IN WRIT PETITION NO.5735 OF 2015 (Tushar s/o Vasantrao Nikhade vs. Smt. Chetna w/o Tushar Nikhade) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri M.R. Joharapurkar, Advocate for respondent. -------- CORAM : P.N. DESHMUKH, J.

DATED : JULY 21, 2017 None for petitioner. Petitioner was not represented even on the earlier date.

Heard Shri Joharapurkar, learned Counsel for respondent wife.

Both these applications are filed by respondent for permission to withdraw Rs.28000/- and Rs.63000/- respectively deposited by petitioner towards arrears of maintenance amount.

It is noted that by order dated 14/10/2015, on a statement made on behalf of petitioner husband, order was passed directing him to pay maintenance of Rs.7000/- per month. Learned Counsel for petitioner had also made a statement that petitioner shall continue to make payment on said rate. Accordingly, above payments are made by petitioner.

It is contended by learned Counsel for respondent that apart from aforesaid amounts, amount of Rs.25000/- which was ordered to be deposited against

2107caw1878.16 & 1284.17 2/2 arrears of maintenance within one month from 14/10/2015, was deposited and respondent has withdrawn the same.

In the circumstances, applications are allowed. Respondent is permitted to withdraw amount of Rs.28000/- and Rs.63000/- without prejudice to her rights.

Put up on 4/8/2016 along with Writ Petition No. 403/2016.

JUDGE khj