Abdul Rabbani Abdul Majid And ANR. v. Irfana Anjum Sk. Mohd Rais And Others

2025:BHC-NAG:8299 1 964.APPW.146-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPW) NO. 146 OF 2025 IN CRIMINAL WRIT PETITION NO. 384 OF 2025 ( Abdul Rabbani Abdul Majid & Anr.

Vs.

Irfana Anjum Sk. Mohd Rais & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.M. Chandekar, Advocate for the Petitioners. Mr. A.B. Mirza, Advocate for the Respondents. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 21st AUGUST, 2025 1.

By this Application, the Respondent Nos. 1 to 3 are seeking permission to withdraw the amount. The Petitioners have deposited total amount of Rs. 14,65,000/- towards arrears of the amount. The Application of the present Respondents is objected on the ground that the Respondent No.1 is not at all entitled for grant of maintenance and this aspect is challenged before this Court and if the Writ Petition is decided in favour of the Petitioners, it would be difficult to the Petitioners to recover the said amount.

2.

Considering the amount which is towards the maintenance of the Respondents who is the wife and children, at this stage no prejudice would be caused to the Petitioners if she is permitted to get 50% of the total amount which is

2 964.APPW.146-2025.odt deposited. In view of that, the Respondent Nos. 1 to 3 are permitted to withdraw the 50% of the total deposited amount on due identification and verification.

3.

The Application is disposed of.

4.

Interim order, if any, to continue till then. (URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 22/08/2025 17:47:17