1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 139 OF 2010 IN CRIMINAL WRIT PETITION NO. 90 OF 2010 (Sanjay Vithalrao Gaware .v. Sunita Sanjay Gaware and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri G.L. Bajaj, Advocate for the petitioner. Shri P.S. Sahare, Advocate for the respondents/applicants. CORAM : PRASANNA B. VARALE, J. 18TH JANUARY, 2011. Heard. By way of present application, the applicants are seeking withdrawal of an amount of Rs.20,000/- deposited by the petitioner in this Court vide order dated 08th July, 2010. It is submitted that respondent No.1 is suffering from rheumatoid arthritis with nephropathy and respondent Nos.2 and 3 are the school going children taking their education. Learned Counsel for the petitioner strongly opposes the application and submits that he will take instructions and file reply. Perusal of the record shows that the application for interim maintenance was moved. It is observed that though the time was sought to file reply, no reply was filed to the said application. The order was passed on 16th February, 2010. It is also observed that on the ground of medical ailment, the respondent No.1 is in need of Rs.2,000/- per month for her medical expenses. For the reasons stated in the application and in view of the fact that there is no denial either in the relationship or the fact that the respondent No.1 is suffering from rheumatoid arthritis with nephropathy and respondent Nos.2 and 3 are school going children and taking their education, the application is partly allowed. The applicants are permitted to withdraw an amount of 2 Rs.10,000/- (rupees ten thousand only) out of an amount of Rs. 20,000/- which is deposited by the petitioner. It is revealed from the record that the applicants have already withdrawn Rs.5,000/- out of an amount of Rs.20,000/- which was deposited by the petitioner. The application is disposed of as such. Writ Petition be pleased for admission on 22nd February, 2011. The parties are put on notice that the matter may be heard finally and disposed of at the stage of admission itself. JUDGE *rrg.