1 CRIMINAL WRIT PETITION NO.: 694 OF 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL WRIT PETITION NO.: 694 OF 2011 *** 1. Moin Ahmed S/o Iqbal Ahmed Age: 30 years, Occ. Labour, 2. Iqbal Ahmed S/o Habib Ahmed, Age 54 years, Occu.: Service. 3. Nasimunnisa Begum W/o Iqbal Ahmed, Age 50 years, Occu.: Household, 4. Shadulla Ahmed S/o Iqbal Ahmed, Age 27 years, Occu.: Business, 5. Bushranaj W/o Mirza Tariq Baig Age 25 years, Occu.: Household, 6. Wasima Begum W/o Moin Ahmed, Age 21 years, Occu.: Household, All R/o Rahemat Nagar, Nanded, Tq. & Dist. Nanded. ... PETITIONERS. VERSUS 1. Sau. Firdosjahan W/o Moin Ahmed Age 22 years, Occu. Household, R/o: Rahematnagar, Nanded. At present Guljarbag, Degloor Naka, Nanded, Tq. & Dist. Nanded. 2. Ku. Ashana d/o Moin Ahmed, Age 1-1/2 years, Occu.: Nil, Minor u/g of respondent No.1. Real mother. ... RESPONDENTS *** 2 CRIMINAL WRIT PETITION NO.: 694 OF 2011 Mr. M. V. Ghatge, Advocate for the Petitioners. *** CORAM: A. H. JOSHI, J. DATED:- 15th NOVEMBER, 2011. ORAL JUDGMENT: 1. None appears for the Respondents though served. 2. Pendency of this case shall not advance the cause of justice any further. Hence, Rule and it is made returnable forthwith. Fresh service on the Respondents is dispensed with. 3. Heard learned Advocate for the Petitioners and perused the petition, annexures and certified copy of impugned order. 4. It is seen that : (a) The application for protection and other reliefs was filed on 22nd July, 2011. (b) The order for issue of notices was passed on 25th July, 2011. (c) The returnable date was fixed for service and 3 CRIMINAL WRIT PETITION NO.: 694 OF 2011 report on 16th August, 2011. (d) Exhibit-5 application for interlocutory relief was heard on 26th July, 2011, exparte and order was passed on same day. 5. No useful purpose will be served by waiting for the appearance of the respondents. 6. Ends of justice shall meet if order impugned is modified as follows: (a) Ex-parte order below Exhibit-5 passed on 26th July, 2011 by the trial Court be treated as ad- interim order. (b) In clause (vi) of the order below Exhibit-5 dated 26th July, 2011 the figures "Rs.2,500/- and Rs.3,500/-" shall be read as "Rs.1,000/'- and Rs. 1,500/-" respectively. 7. Amount of Rs.6,000/- and further deposit be disbursed to the original applicant No.1. 8. Main application be decided within three months. In case of delay in decision of main 4 CRIMINAL WRIT PETITION NO.: 694 OF 2011 application, the applicants would be free to pray for increase in the amount of maintenance. 9. Rule is made partly absolute accordingly. [A. H. JOSHI, J.] Dated:15/11/2011. ans/694 5 CRIMINAL WRIT PETITION NO.: 694 OF 2011 CRIMINAL WRIT PETITION NO.: 694 OF 2011 Date of decision: 15th NOVEMBER, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE A. H. JOSHI Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... No Whether Their Lordships wish to see ... No fair copy of the judgment? Whether this case involves a substantial... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE