Application filed by wife for withdrawal of maintenance arrears amount deposited by husband. Court allowed withdrawal subject to condition for future restoration if directed.
Amount deposited by petitioner allowed to be withdrawn by applicant No.1 subject to condition of future deposit if directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.231 OF 2021 IN
CRIMINAL WRIT PETITION NO.1956 OF 2019
1.Jyoti Kalyan Thakur,
Age : 30 years, Occu. Nil,
R/o c/o Godabai Ramchandra Bedwal,
Morge Wasti, Shrirampur,
Tq. Shrirampur, District Ahmednagar
2.Rahul @ Arpit s/o Kalyan Thakur,
Age : 10 years, Occu. Nil,
R/o c/o under Guardianship of APPLICANTS
Applicant No.1. (Orig. Respondents)
VERSUS
Kalyan s/o Narayansingh Thakur,
Age : 51 years, Occu. Service,
R/o Shikshak Colony, Sillod,RESPONDENT
Tq. Sillod, District Aurangabad (Orig. Petitioner)
Mr. G.J. Pahilwan, Advocate for the applicants
Mr. D.P. Palodkar, A.P.P. for the respondent/State
CORAM :MANGESH S. PATIL, J.
DATE :30.07.2021
PER COURT:
This is an application filed by the wife (respondent in Writ
Petition) for withdrawal of the amount deposited by the husband
(petitioner in Writ Petition) towards arrears of maintenance.
2
CRIAPLN231-2021
2.The application is allowed. The amount deposited by the writ
petitioner/husband is allowed to be withdrawn by applicant No.1 subject to
the condition that in case it is directed in future, she shall deposit it back.
The application is disposed of.
[MANGESH S. PATIL] JUDGE
npj/CRIAPLN231-2021
2 issues framed by the court
Whether the amount deposited by the husband towards arrears of maintenance can be withdrawn by the wife upon his application.
If the amount is withdrawn, whether a conditional order to restore it in the future is necessary.
Jyoti Kalyan Thakur
Rahul @ Arpit
Kalyan
MANGESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court