Gujarat High Court
Suman Sourabh S/O Deobrat Mishra vs State Of Gujarat on 5 July, 2021
Bench: Ilesh J. Vora
R/CR.RA/8/2021 IA ORDER DATED: 05/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR WITHDRAWAL/DISBURSEMENT
OF AMOUNT) NO. 1 of 2021
In R/CRIMINAL REVISION APPLICATION NO. 8 of 2021
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PALLAVI W/O SUMAN SOURABH
Versus
SUMAN SOURABH S/O DEOBRAT MISHRA
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Appearance:
MR SUBRAMANIAM IYER for the PETITIONER(s) No.
MR NARENDRA L JAIN for the RESPONDENT(s) No.
MS KRINA CALLA, APP for the RESPONDENT(s) No.
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 05/07/2021
IA ORDER
1. Heard learned counsel for the respective parties.
2. Family Court, Vadodara, vide its judgment and order dated 29.08.2020
passed in Criminal Misc. Application No.101/2016 directed the husband to
pay Rs.6,000/- to wife and Rs.12,000/- to minor daughter towards
maintenance from the date of application i.e. 02.02.2016.
3. The husband has challenged the said order before this Court by way of
filing revision application.
4. On 06.01.2021 this Court passed the following order :
"Notice returnable on 24.2.2021. Meanwhile, relief in terms of para
8(d) is granted on condition that the applicant shall deposit 50% of the
arrears of maintenance amount as per impugned order on or before
returnable date before the Family Court, Vadodara, and further to pay
monthly maintenance regularly pending hearing of present Criminal
Revision Application."
5. Pursuant to the order dated 06.01.2021 passed by this Court, the
Husband - Suman Sourabh Mishra has deposited 50 % of the arrears amount
i.e. Rs.4,96,500/- before the Family Court, Vadodara.
R/CR.RA/8/2021 IA ORDER DATED: 05/07/2021
6. The wife has filed present application to permit her to withdraw the said
amount of arrears deposited by the husband on the ground that, she is facing
severe financial crisis and unable to maintain herself and minor daughter and
it is difficult for them to meet with the day to day expenses for survival due do
lockdown.
7. The husband has opposed the application for withdrawal stating, inter
alia that, the wife has without any sufficient reason deserted the husband and
failed to perform conjugal rights and further averred that, the amount paid to
the wife is more than the arrears accumulating the impugned order.
8. Considering the facts and circumstances of the case, it appears that
the amount towards the arrears of maintenance deposited by the husband is
lying with Family Court, Vadodara. Therefore, Family Court, Vadodara, shall
invest the said amount in Fixed Deposit Receipts (FDR) on the name of wife -
Pallavi Suman Mishra, in a nationalized Bank initially for a period of 2 years
and renewable from time to time for similar period till final disposal of the
revision application. The applicant wife shall also be entitled to periodical
interest that may accrue on the said FDR. The FDR shall be retained by the
Nazir Department, Family Court, Vadodara.
9. In view of the above directions, present application stands disposed of.
(ILESH J. VORA,J)
SUCHIT
