Bombay High Court
Zakir Hussain Yousuf Khatik vs State Of Maha & Ors on 30 November, 2016
Bench: Z.A. Haq
(1) Cri. W.P. No. 413 of 2004
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Criminal Writ Petition No. 413 of 2004
District : Jalgaon
Zakir Hussain Yousuf Khatik,
Age : 28 years,
Occupation : Service,
Resident of Beldar Galli,
opposite P.K. High School,
Dharangaon,
Taluka Erandol,
District Jalgaon. .. Petitioner.
versus
1. The State of Maharashtra,
through Government Pleader,
High Court, Aurangabad.
2. Rijwanabano Shaikh Ayyub,
Age : 21 years,
Occupation : Household work,
Resident of c/o. Shaikh Ayyub
Sk. Mahboob,
Rahman Nagar, Behind Hans
Talkies, Chalisgaon,
District Jalgaon. .. Respondents.
............
Ms. A.N. Ansari, Advocate, for the petitioner.
Mr. P.N. Kutti, Addl. Public Prosecutor, for
respondent no.1.
Ms. Fatima Kazi, Advocate, holding for
Mr. S.S. Kazi, Advocate, for respondent no.2.
............
::: Uploaded on - 06/12/2016 ::: Downloaded on - 08/12/2016 00:08:13 :::
(2) Cri. W.P. No. 413 of 2004
CORAM : Z.A. HAQ, J.
DATE : 30TH NOVEMBER 2016
ORAL JUDGMENT :
Heard learned Advocates for the respective
parties.
02. The petitioner has challenged the order
passed by the Sessions Court dismissing the Revision
Application filed by the petitioner and maintaining
the order passed by the learned Magistrate under
Section 3(1)(a) of the Muslim Women (Protection of
Rights on Divorce) Act, 1986 by which the petitioner
was directed to pay Rs. 10,000/- towards the costs of
articles and Rs. 2,40,000/- towards reasonable and
fair provision for future maintenance.
03. Ms. Ansari, learned Advocate for the
petitioner, on instructions, has stated that the
petitioner has deposited amount of about Rs. 50,000/-
pursuant to the impugned judgment and the amount is
withdrawn by the respondent no.02. It is further
submitted that the respondent no.02 has re-married in
2008 which is not disputed by the learned Advocate
for respondent no.02.
04. Considering the above facts, in my view, the
judgment passed by the learned Magistrate is required
to be modified in the following terms :-
(3) Cri. W.P. No. 413 of 2004
(a) The directions given by the learned Magistrate to
the petitioner to pay Rs. 10,000/- towards the costs
of articles are maintained.
(b) The amount which the petitioner has deposited
from time to time as per the impugned judgment shall
be treated as payment towards reasonable and fair
provision for maintenance of respondent no.02 till
she re-married.
(c) The amount which the petitioner has deposited
from time to time pursuant to the impugned judgment,
if withdrawn by the respondent no.02, can be retained
by her and the petitioner will not be entitled to
seek refund of that amount. If amount is not yet
withdrawn by the respondent no.02 and is lying in
deposit before the Court, the same shall be given to
the respondent no.02 along with interest, if any.
(d) The respondent no.02 will not be entitled for any
further amount from the petitioner.
(e) The Writ Petition is disposed in the above terms.
In the circumstances, parties to bear their own
costs.
( Z.A. HAQ )
JUDGE
..........
puranik / CRIWP413.04
