1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Revision Application No.658 of 2009 Shri Ibrahim Ismaile Panhalkar ... Applicant/ Orig.Opponent v/s. Sau.Sharifa @ Firoza Ibrahim Panhalkar & anr. ... ... Respondents / Res.No.1-Org.Applicant Mr.Rahul S. Kate for Applicant. Mr.Shailesh More, APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 23rd November 2009 P.C. : 1.The Applicant is the husband of Respondent No.1. He has been directed to pay maintenance at the rate of Rs. 1,000/- per month. He claims that he has divorced his wife by Talaq. Even if that contention is correct, he would require to deposit a lump sum maintenance under the Muslim Women (Protection of rights on divorce) Act, 1986, during the period of Iddat. He is stated to have divorced his wife in June 2006. Consequently, the lump sum amount of maintenance should have been paid at- least by September 2006. 2.The wife has made an application even prior to the 2 divorce being granted. The learned Judge has awarded the amount of maintenance payable from the date of the application. It is now 50 months from the date of the application. No maintenance is paid. The Applicant is remarried. Total liability, as of now, under the impugned order, would be Rs.50,000/-. 3.However, the Applicant offers to make payment of lump sum amount of maintenance for the life-time of Respondent No.1 or until her marriage. 4.The Advocate for the Applicant states that the Applicant made an offer of Rs.1.5 Lakhs as lump sum amount of maintenance to Respondent No.1. Respondent No.1 claimed Rs.2 Lakhs. The lump sum maintenance was to be paid in 2006. It has not been paid for more than 3 years. Hence, Rs.2 Lakhs would be a reasonable amount of maintenance payable as a lump sum maintenance upon divorce. 5.The Applicant shall deposit Rs.2 Lakhs in this Court within 4 weeks from today. If the amount is not deposited within 4 weeks from today, Criminal Revision Application No.658 of 2009 shall stand dismissed. 6.Respondent No.1 shall not execute the order of maintenance for a period of 4 weeks from today. If the 3 amount is deposited, Respondent No.1 shall not execute the order in the trial Court. 7.Issue notice upon Respondent No.1, returnable on 4th January 2010. The Applicant shall forthwith serve a notice upon Respondent No.1 by Registered Post and UPC and personal service upon her or her Advocate informing her of this order. The notice shall state that the Criminal Revision Application shall be taken up for hearing on 4th January 2010 at 3 p.m. Respondent No.1 may however have a liberty to apply to this Court for further directions. 8.The learned APP waives service. (SMT.ROSHAN DALVI, J.)