C.A.NO.10443/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.10443 OF 2011 IN FIRST APPEAL NO.765 OF 2011 Sandhya w/o Prakash Gite ..Applicant Versus Prakash Sambhaji Gite and ors. ..Respondents Mr P.R.Nangare, Advocate for applicant Mr A.N.Nagargoje, Advocate for respondent No.1 CORAM : MRS MRIDULA BHATKAR, J. DATE : 16th September 011 PER COURT 1. Application is moved for withdrawal of the amount of Rs.1,25,000/-, which is deposited as a part payment towards the decretal amount. It is submitted by the learned Counsel for the applicant-wife that though this Court has passed order on 23.8.2011 that non-applicant-husband should pay her amount of Rs.6000+Rs.1000 i.e. Rs.7000/- on or before 10th day of every month, arrears of Rs.6000/- per month from July 2010 are pending till today. 2. Learned Counsel for non-applicant submits that applicant-wife is getting Rs.6,000/- per month towards maintenance as per the order from the Civil Court and Rs.1,000/- per month as per the order of the Criminal C.A.NO.10443/2011 2 Court passed in Section 125 Cr.P.C. proceedings. Thus, she is getting Rs.7,000/- per month by the order of this Court. The amount of the arrears from July 2010 till September 2011 be adjusted towards the partial decretal amount deposited by the non-applicant - husband, which comes to Rs.84,000/-. 3. Considered submissions. (a) Applicant is allowed to withdraw the decretal amount Rs. 1,25,000/-, which is partly paid by non-applicant – husband; (b) Maintenance Rs.6,000/- per month from July 2010 till September 2011, which comes to Rs.84,000/- is to be adjusted in Rs.1,25,000/-. By this calculation, applicant has received Rs.41,000/- from the decretal amount, which is under challenge being the amount of the past maintenance; (c) Applicant undertakes hat she will not claim Rs.1,000/- maintenance in Criminal Court, where her 125 Cr.P.C. proceedings are pending. Therefore, amount of Rs.6,000/- + Rs.1,000/- i.e. total amount of Rs. 7,000/- is to be paid by non-applicant – husband to the applicant hereafter on 10th day of every month. C.A.NO.10443/2011 3 (d) Applicant to give her Bank account details to non-applicant husband, which will enable non-applicant to deposit maintenance Rs. 7,000/- in her account every month. Civil Application disposed of accordingly. ( MRS MRIDULA BHATKAR, J. ) (vvr/10443/2011ca)