Madhu Ashok Jadhav vs Ashok Sunderjibhai Jadhav And Anr
2021 Latest Caselaw 14390 Bom

                                   17.IA-92-2020 in WP-514-2019.doc




     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

           Interim Application No. 92 / 2020
                           in
              Writ Petition No. 514 / 2019

Madhu Ashok Jadhav                          ..     Applicant
             Versus.
Ashok Sunderjibhai Jadhav and Anr.          ..     Respondents


                        ****

Mr. Satyaprakash Sharma i/by Global Juris, Advocate for the Petitioner in Writ Petition No.514/2019. Mr. S.R. Phanse i/by Mr. Ashish Sawant, Advocate for Respondent No.1 in Writ Petition No.514/2019 and for Applicant in I.A. No.92/2020.

Smt. Sharmila Kaushik, APP for State.

                          ****

                       CORAM   :    SANDEEP K. SHINDE J.
                        DATE   :      04th OCTOBER,2021.


P.C. : -

1. Respondent's application under Section 12 of the

Domestic Violence Act, 2005 was partly granted by

the learned Metropolitan Magistrate vide order dated

17.IA-92-2020 in WP-514-2019.doc

13th May, 2014, by which, Respondent-husband was

directed to pay maintenance @ Rs.5000/- per month

from date of the application till March, 2008 and

thereafter pay an amount of Rs. 7,500/- per month

from April, 2008 to March, 2013 and thereafter

Rs.15000/- per month to be paid from April 2013.

Besides, the Respondent-husband was directed to pay

Rs. 5000/- per month towards alternate residential

accommodation from the date of application till

March, 2018 and further at the rate of Rs. 5000/- up

to 2013 and Rs.10,000/- from April, 2013 onwards.

The appeal filed by the husband was not entertained

by the Appellate Court and dismissed vide judgment

and order dated 28th November, 2018. Whereafter

husband has approached this Court in Writ

Jurisdiction.

2. This Court on 30th July, 2019 directed the

Petitioner husband to deposit Rs. 5 Lacs in the

Registry of this Court as a pre-condition for

entertaining the petition, whereafter Petitioner has

17.IA-92-2020 in WP-514-2019.doc

deposited Rs.5 Lacs in the Registry.

3. This application is moved by the wife, seeking

leave to withdraw Rs. 5 Lacs.

4. Mr. Phanse, learned Counsel for the Applicant-

wife submits that although the order was passed by

the First Court in 2014, since then the husband has

not paid maintenance to her. It is submitted as on

today, the arrears for maintenance are around Rs. 19

Lacs.

5. In consideration of the facts of the case and

the findings of the fact recorded by the two Courts

below, let the Applicant-Wife withdraw Rs. 5 Lacs on

an Undertaking,she shall bring back money, if the

Petitioner-Husband succeeds in the Writ Petition.

6. Registry shall permit the Applicant Smt. Madhu

Ashok Jadhav to withdraw Rs. 5 Lacs on an

Undertaking that stated above.

17.IA-92-2020 in WP-514-2019.doc

7. The interim application is allowed.

8. List the Writ Petition for consideration on 23rd

November, 2021.

                                    (SANDEEP K. SHINDE, J.)




                 Digitally signed
                 by MOHAMMAD
      MOHAMMAD   NAJEEB
      NAJEEB     MOHAMMAD
      MOHAMMAD   QAYYUM
      QAYYUM     Date:
                 2021.10.04
                 18:42:55 +0530




Najeeb..