Bombay High CourtCRIR/25/2014disposed of

Sucorina Rodrigues v. Stanislau Henry Behanin Fernandes Rep. By Caitana Fernandes

2018-02-26Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO. 25 OF 2014 SUCORINA RODRIGUES ... Petitioner

Versus

STANISLAU HENRY BEHANIN FERNANDES REP. BY CAITANA FERNANDES ... Respondent Shri Cliff Fernandes, Advocate for the applicant. Shri D. Gaonkar and Shri A. Shirodkar, Advocates for the respondent.

Coram:- C. V. BHADANG, J.

Date:- 26th February 2018 P.C.

This Criminal Revision Application is filed by the wife challenging the dismissal of her application for maintenance under Section 125 of the Criminal Procedure Code.

2. It appears that under an interim order, the respondent is depositing Rs.3,000/- per month before this Court. Such amount is deposited till December, 2017. The learned Counsel for the applicant has today filed an application for withdrawal of Criminal Revision Application as the parties have amicably settled their entire dispute. The said application is taken on record and marked 'X' for identification. The learned Counsel for the parties submit that the respondent has agreed to pay an

CRIR/25/2014 amount of Rs.8 Lakhs to the applicant in full and final settlement of all their disputes. Out of the said amount of Rs.8 Lakhs, an amount of Rs.4 Lakhs is already paid to the applicant and the remaining Rs.4 Lakhs is to be paid by 28/02/2018, upon which the proceedings for dissolution of marriage will also come to an end. The learned Counsel do not dispute and in fact have made a specific statement that the amount of Rs.8 Lakhs is in addition to the amount of interim maintenance deposited before this Court till December, 2017. The learned Counsel for the respondent points out that in view of the settlement, interim maintenance from January, 2018 is not deposited.

3. In that view of the matter, the Criminal Revision Application is disposed of as withdrawn. The amount of interim maintenance, if any, lying before this Court, shall be paid to the applicant along with interest, if any, within two weeks from today.

C. V. BHADANG, J.

SMA