Ndm 1 appr.399.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 399 OF 2009 IN CRIMINAL REVISION APPLICATION NO. 349 OF 2008 Moses Gaware. ... Applicant versus Nital Moses Gaware & Anr. ... Respondents ------------------------ Mr. S.M. Khaire, Advocate for Applicant. Mr. Aslam Khan for Respondent No.1. Mr. R.V.Newton, APP. ------------------------ CORAM : SMT. R.P. SONDURBALDOTA, J. DATE : 30th July, 2009. P.C. 1 The respondent No.1, who is the wife of the applicant had filed a petition before the Family Court for grant of maintenance to herself and to a minor daughter. The Order dated 31st March, 2008, the Family Court had partly allowed the application awarding maintenance for the daughter and refused maintenance to Respondent No.1. She therefore filed Criminal Revision Application No.349 of 2008 to challenge that part of the order, which denied maintenance to her. The Criminal Revision Application was taken up for admission on 08th May, 2009. The statements was made on behalf of the applicant that he was willing to pay interim maintenance of Rs.2,500/- per month to both the wife as well as the minor child till disposal of the Revision Application under Section 125 of Criminal Ndm 2 appr.399.09.sxw Procedure Code. On the basis of that statement, the impugned order was set aside and directions given for the parties to appear before the Family Court for hearing of the application for maintenance. Pending hearing of the main proceedings, the applicant was directed to pay monthly interim maintenance at the rate of Rs. 2,500/- per month to each the wife and the minor daughter with effect from 20th September, 2007 by depositing the amount in the Court. 2 The husband has filed the present Application praying that the wife should be prevented from withdrawing the amount of maintenance deposited in the court. According to him, she is not entitled to the maintenance. It is alleged by him when she married the applicant her earlier marriage has not dissolved and therefore, the marriage is not legal. This question will have to be decided by the Family Court at the time of hearing of the main proceedings. However, till then on that ground, the wife cannot be restrained from withdrawing the amount of maintenance ordered to her. It is clear from the order dated 08th May, 2009 that the maintenance amount was directed to be deposited in the Court only as a convenient mode of payment. Therefore, there can be no restraint on the applicant from withdrawing the amount. Hence the application is disposed of. SMT. R.P. SONDURBALDOTA, J.