Irfan S/O Haji Nasmee Salat v. Gulnaaz Salat W/O Irfan Salat And Other

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 325 OF 2025 Mr. Irfan s/o Haji Nasmee Salat -- VERSUS -- Mrs. Gulnaaz Salat w/o Irfan Salat and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. C.F. Bhagwani, Advocate for the petitioner. Ms. Ketki Jaltare, Advocate for the Respondents. CORAM :

M.M. NERLIKAR, J.

DATE :

SEPTEMBER 04, 2025.

The present petition is arising out of Section 125 of the Code of Criminal Procedure, 1973. The Family Court at Nagpur, awarded Rs.30,000/- maintenance i.e. Rs.10,000/- per month to each of the respondent from the date of the application, by its order dated 05/10/2024. The said order is under challenge in the present petition.

2.

While issuing the notice on 28/04/2025, this Court, in Paragraph No.5, directed the petitioner to deposit an amount of Rs.5,00,000/- towards arrears of maintenance, either in this Court or before the Trial Court, in three installments.

3.

The learned counsel for the petitioner submits that the amount of Rs.5,00,000/- has been deposited in this Court.

4.

The learned counsel appearing for the respondents prays that the respondents be permitted to withdraw the said amount, as the condition of the present respondents are very precarious and they are unable to maintain themselves. She further submits that school fees of the children are being paid by the Community Saurashtra Halai Memon Jamat, and therefore, the respondents are in dire need of the amount for their survival. On the other hand, the learned counsel for the petitioner has graciously given no objection for withdrawal of the said amount. 5.

Considering the fact, that this Court, has already directed the petitioner to deposit an amount of Rs.5,00,000/- in this Court, and the petitioner has complied accordingly. In this view of the matter, I permit the respondents to withdraw the entire amount of Rs.5,00,000/-. The Registry shall disburse the amount within two weeks from the date of receipt of the order.

6.

Both counsel prayed that the parties be referred to mediation. Accordingly, the matter is referred to mediation. Mr. J.J. Chandurkar is requested to act as the Mediator. The parties shall present themselves before the Mediator on 01/10/2025 at 02:00 p.m., and thereafter, as and when called by the Mediator. The parties may appear

either physically or through Video Conferencing before the Mediator.

7.

List the matter once the mediation report is filed.

[ M.M. NERLIKAR, J ] Piyush Mahajan