Pushpalata Rahul Jadhav v. Rahul Ramchandra Jadhav

2025:BHC-AS:28275

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8538 OF 2025 IN WRIT PETITION NO. 7076 OF 2021 Pushpalata Rahul Jadhav ..

Applicant versus Rahul Ramchandra Jadhav ..

Respondent ----- Smt. Brenda D'souza, for the Applicant.

----- CORAM: MANJUSHA DESHPANDE, J.

DATE : 9th JULY, 2025 P.C:- 1.

None appears for the Respondent.

2.

Learned Advocate for the Applicant informs that though she had served the Respondent and also given intimation about the listing of this Interim Application today, nobody has appeared for the Respondent.

3.

This Interim Application is filed by the Applicant (Original Respondent) with a prayer to withdraw the balance 50% amount

which is deposited before this Court.

4.

It is the contention of the Applicant that during the pendency of the Writ Petition No. 7076 of 2021, this Court had directed the present Respondent to deposit the arrears of maintenance to the tune of Rs. 2,00,000/- in this Court as per the order dated 21st April 2023. By passing the order on 21st April 2023 this Court had permitted the Applicant to withdraw 50% of the amount so deposited by the Respondent. The amount was transferred to the Applicant, which can be seen from Exhibit D1. 5.

However, Writ Petition No. 7076 of 2021has been dismissed by this Court vide order dated 22nd October 2024. While disposing of the Writ Petition, there was no reference made to the balance 50% amount, which was deposited in this Court. Therefore, it remained deposited in this Court. A request is made to this Court by the Applicant that she may be allowed to withdraw the rest of the 50% amount, which was the arrears of the maintenance amount. 6.

Considering that the writ petition has already been disposed of, the balance of 50% of the amount, with accrued interest thereon, is allowed to be withdrawn by the Applicant.

7.

In view of the above direction, the Interim Application stands disposed of.

[MANJUSHA DESHPANDE, J.] Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 11/07/2025 11:10:25