Disposed

Naser Saeed Bin Hamud v. Sameerq Naser Hamood and Anr.

Bombay HC20 Mar 2012APPLN/737/2012

Case brief

AI extract

What is this about?

The court allowed the withdrawal of two connected criminal revision applications by the husband and wife. Leave was granted to the husband to pursue a separate application under Section 127 CrPC in the Family Court to cancel maintenance for the minor son following the dissolution of their marriage.

What did the court decide?

Leave granted to withdraw criminal revision applications; liberty granted to pursue Section 127 CrPC proceedings in the Family Court.

Naser Saeed Bin Hamud Vs Sameerq Naser Hamood and Anr. — Maintenance and Alimony | Bombay HC (2012)

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737.2012 Cri.Appln.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 737 OF 2012IN CRIMINAL REVISION APPLICATION NO. 41 OF 2011

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Naser S/o Seed Bin Hamud APPLICANT

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VERSUS

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Sameera W/o Naser Hamud & another RESPONDENTS

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Shri Md. Waseem, Advocate holding for Shri S.S. Kazi for applicant Shri A.S. Deshpande, Advocate for respondent Nos. 1 & 2

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WITH

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CRIMINAL APPLICATION NO. 2722 OF 2011IN CRIMINAL REVISION APPLICATION(ST) NO. 139 OF 2011

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Sameera W/o Naser Hamud & another

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APPLICANTS

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VERSUS

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Naser S/o Seed Been Hamud RESPONDENT

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Shri A.S. Deshpande, Advocate for applicants Shri Md. Waseem, Advocate holding for Shri S.S. Kazi for respondent

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CORAM : U.D. SALVI, J. DATED : 20th March, 2012.

PER COURT :

Heard. Perused.

737.2012 Cri.Appln.

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These Criminal Revision Applications have been preferred by both the parties i.e. husband and wife assailing the order dated 26/11/2010 passed by learned Principal Judge, Family Court, Aurangabad in Petition E-346/2008 granting maintenance to the minor son of the couple and declining grant maintenance to the wife.

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Now, it is submitted that there has been dissolution of marriage between the parties by virtue of ‘Khulanama’ dated 28/1/2012 and the custody of the minor son has been taken over by the husband, the applicant in Criminal Revision Application No. 41/2011. Learned Advocate Shri Md. Waseem for the applicant in Criminal Application No. 737/2012 submits that applicant shall move learned Family Court for cancellation of the order of granting maintenance to the minor son in view of the subsequent developments, as per Section 127 of Criminal Procedure Code, 1973, and therefore, is no longer interested in pursuing the present Criminal Revision Application.

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Likewise learned Advocate Shri A.S. Dehpande, in Criminal Application No. 2722/2011 preferred for condonation of delay in filing Criminal Revision Petition (ST) No. 139/2011 submits

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737.2012 Cri.Appln.

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that in view of the subsequent developments, the applicant is no longer interested in pursuing the said application. Both the applicants, therefore, seek leave to withdraw their respective Criminal Revision Applications. Leave is granted to the applicant with liberty to the applicant in Criminal Application No. 737/2012 in Criminal Revision Application No. 41/2011 to pursue the application under Section 127 of Criminal Procedure Code, 1973 before learned Family Court at Aurangabad.

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Criminal Application No. 737/2012 alongwith Criminal Revision Application No. 41/2011 and Criminal Application No. 2722 in Criminal Revision Application (ST) No. 139/2011 stand disposed off accordingly.

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SDM* MARCH-2012

Naser Saeed Bin Hamud v. Sameerq Naser Hamood and Anr.

Case brief

What is this about?

What did the court decide?

Naser Saeed Bin Hamud v. Sameerq Naser Hamood and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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