13c. cr wp 2591-08.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2591 OF 2008 Abdul Latif Abdul Hafeez Sheikh .. Petitioner Vs Shagupta Naaz Adam Khairudi & Ano. .. Respondents Mr. M.I. Pathan for the Petitioner Mr. I.M. Khairdi for Respondent No. 1 Ms. A.A. Mane, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 1st SEPTEMBER, 2010. P.C.: 1. Heard learned advocate for the petitioner, learned advocate for respondent no. 1 and learned APP. 2. The petitioner has challenged the order dated 30th August, 2008 passed by learned Sessions Judge, Solapur in CRA No. 247 of 2006. By the said order, the CRA preferred by the petitioner came to be dismissed by the learned Sessions Judge. 3. Brief facts of the petitioner's case are that the petitioner was married to respondent no. 1 on 24th May, 2004. Thereafter, matrimonial dispute arose between the parties and respondent no. 1 filed Criminal Misc. Application No. 9 of 2005 before learned JMFC, Solapur 1 13c. cr wp 2591-08.doc under the provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986. The said application came to be allowed by 31st January, 2006 and the petitioner was directed to pay to respondent no. 1 Rs. 1,60,000/- for her maintenance. Being aggrieved by the quantum of maintenance granted to respondent no. 1-wife, the petitioner preferred CRA No. 247 of 2006 before the learned Sessions Judge, Solapur. Respondent no. 1 wife also being aggrieved by the quantum of maintenance filed CRA no. 218 of 2006 for enhancement of the amount. Both the CRA came to be dismissed by learned Sessions Judge by order dated 30th August, 2008. Being aggrieved by dismissal of his CRA, the petitioner challenged the same by filing the present petition. 4. Learned advocate for the petitioner states that during pendency of this petition, the parties have amicably settled the matter and the petitioner has agreed to pay sum of Rs. 1,40,000/- to Respondent no. 1. Learned advocate for respondent no. 1 wife corroborates this fact. Learned advocate for the petitioner states that though it has been agreed that the petitioner will pay amount of Rs. 1,40,000/-, however, he be allowed to pay the same by way of installments. An affidavit has been filed by the petitioner wherein he has stated that he be allowed to pay sum of Rs. 1,40,000/- by way of 10 monthly installments. 2 13c. cr wp 2591-08.doc However, thereafter, the learned advocate for the petitioner states on instructions that the petitioner undertakes to pay the aforesaid amount of Rs. 1,40,000/- by way of monthly installment of Rs. 20000/- each. In such case, the installment would be for a period of 7 months. He further states that the said installment will be sent by demand draft directly to respondent no. 1 by the 15th of every month. Learned advocate for respondent no. 1 wife states on instructions that she is agreeable to said arrangement. 5. In this view of the matter, writ petition is disposed of directing the petitioner to pay monthly installments to Respondent no. 1 wife as undertaken by him. [SMT. V.K. TAHILRAMANI, J.] 3 13c. cr wp 2591-08.doc 4