Irfan S/O Haji Nasmee Salat vs Gulnaaz Salat W/O… — Maintenance and Alimony | Bombay HC (2025)

Irfan S/O Haji Nasmee Salat vs Gulnaaz Salat W/O… — Maintenance and Alimony | Bombay HC (2025)

What the court decided

AI extract

Outcome

Respondents permitted to withdraw the entire deposited amount of Rs.5,00,000/- (Registry to disburse within two weeks); parties referred to mediation before Mr. J.J. Chandurkar (first appearance 01/10/2025 at 02:00 p.m., physically or through Video Conferencing); matter to be listed once the mediation report is filed. The writ petition itself was not adjudicated in this order.

Issue for consideration

Whether the respondents may be permitted to withdraw the amount of Rs.5,00,000/- deposited towards arrears of maintenance, given their precarious financial condition. +1 more

Court's answer

The Court permitted the respondents to withdraw the entire amount of Rs.5,00,000/- deposited towards arrears of maintenance and directed the Registry to disburse it within two weeks from the date of receipt of the order.

Ratio / Principle

On the prayer of both counsel, the matter was referred to mediation; Mr. J.J. Chandurkar was requested to act as Mediator, with the parties to present themselves before him on 01/10/2025 at 02:00 p.m.

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), M.M. Nerlikar, J. — Criminal Writ Petition No. 325 of 2025, arising out of Section 125 of the Code of Criminal Procedure, 1973; decided September 04, 2025. Petitioner Irfan s/o Haji Nasmee Salat challenged the Family Court at Nagpur order dated 05/10/2024 awarding Rs.30,000/- maintenance (Rs.10,000/- per month to each respondent) to respondents Gulnaaz Salat and another. On notice of 28/04/2025 the petitioner had been directed to deposit Rs.5,00,000/- towards arrears of maintenance, which he deposited in this Court. Held/directed: (i) the respondents — whose condition was stated to be precarious, with the children's school fees being paid by the Community Saurashtra Halai Memon Jamat, and against whose withdrawal the petitioner gave no objection — were permitted to withdraw the entire Rs.5,00,000/-, the Registry to disburse it within two weeks; (ii) on the joint prayer of both counsel, the parties were referred to mediation before Mr. J.J. Chandurkar, first appearance on 01/10/2025 at 02:00 p.m., attendance permitted physically or through Video Conferencing; the matter is to be listed once the mediation report is filed. The writ petition itself was not adjudicated in this order.

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36-Cr.WP-325-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

CRIMINAL WRIT PETITION NO. 325 OF 2025

Mr. Irfan s/o Haji Nasmee Salat -- VERSUS --

Mrs. Gulnaaz Salat w/o Irfan Salat and Another

Office Notes, Office Memoranda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

Mr. C.F. Bhagwani, Advocate for the petitioner. Ms. Ketki Jaltare, Advocate for the Respondents.

CORAM : M.M. NERLIKAR, J.

DATE : SEPTEMBER 04, 2025.

The present petition is arising out of Section 125 of the Code of Criminal Procedure, 1973. The Family Court at Nagpur, awarded Rs.30,000/maintenance i.e. Rs.10,000/- per month to each of the respondent from the date of the application, by its order dated 05/10/2024. The said order is under challenge in the present petition.

While issuing the notice on 28/04/2025, this Court, in Paragraph No.5, directed the petitioner to deposit an amount of Rs.5,00,000/- towards arrears of maintenance, either in this Court or before the Trial Court, in three installments.

The learned counsel for the petitioner submits that the amount of Rs.5,00,000/- has been deposited in this Court.

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36-Cr.WP-325-2025

The learned counsel appearing for the respondents prays that the respondents be permitted to withdraw the said amount, as the condition of the present respondents are very precarious and they are unable to maintain themselves. She further submits that school fees of the children are being paid by the Community Saurashtra Halai Memon Jamat, and therefore, the respondents are in dire need of the amount for their survival. On the other hand, the learned counsel for the petitioner has graciously given no objection for withdrawal of the said amount.

Considering the fact, that this Court, has already directed the petitioner to deposit an amount of Rs.5,00,000/- in this Court, and the petitioner has complied accordingly. In this view of the matter, I permit the respondents to withdraw the entire amount of Rs.5,00,000/-. The Registry shall disburse the amount within two weeks from the date of receipt of the order.

Both counsel prayed that the parties be referred to mediation. Accordingly, the matter is referred to mediation. Mr. J.J. Chandurkar is requested to act as the Mediator. The parties shall present themselves before the Mediator on 01/10/2025 at 02:00 p.m., and thereafter, as and when called by the Mediator. The parties may appear

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either physically or through Video Conferencing before the Mediator.

List the matter once the mediation report is filed.

[ M.M. NERLIKAR, J ]

Piyush Mahajan