Zahir Isa Mundrawala v. Tabassum Zahir Mundrawala

47-revn-430-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 430 OF 2024 Zahir Isa Mundrawala ... Applicant vs.

Tabassum Zahir Mundrawala ... Respondent Ms. Prabha Badadare, for Applicant CORAM : GAURI GODSE, J.

DATED : 26th AUGUST 2024 ORDER :- 1.

Heard learned counsel for the applicant. Learned counsel for the applicant submits that the applicant was always ready to reside with respondent no.1. However, she refused to reconcile. She further submits that the applicant had filed an application for restitution of conjugal rights which was dismissed. Hence, the applicant has filed Family Court Appeal in this Court and the same is pending.

2.

Learned counsel for the applicant on instructions of the applicant submits that the applicant is agreeable for an amicable settlement to put an end to the dispute. She submits that by way of an interim arrangement, the applicant would pay an amount of Rs. 2,00,000/- to respondent no.1 towards arrears of maintenance. She on instructions submits that the amount of Rs. 2,00,000/- shall Page no. 1 of 2

47-revn-430-2024.doc be paid by the applicant to respondent no.1 by directly transferring it to her bank account on or before 31st August 2024. She therefore requests that notice be issued to the respondent. Statement made on behalf of the applicant is accepted as an undertaking to this court.

3.

In view of the aforesaid, the applicant is permitted to pay an amount of Rs. 2,00,000/- to respondent no.1, by way of an interim arrangement. On payment of the amount, the learned advocate for the applicant shall place on record a copy of the receipt. Receipt to be submitted in the office.

4.

On submitting the payment receipt, office is directed to issue notice to respondent no.1, returnable on 30th September 2024. 5.

After the amount is paid, the learned advocate for the applicant in addition to Court notice, shall serve the respondent no.1, by private notice alongwith copy of this order and file affidavit of service before the next date.

6.

Subject to compliance with the aforesaid statement, no coercive action to be taken against the applicant for recovery of the arrears amount as per the impugned order.

(GAURI GODSE, J.) Page no. 2 of 2