... 1 ... IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1753 OF 2004 WRIT PETITION NO.1753 OF 2004 WRIT PETITION NO.1753 OF 2004 ...................................................... ...................................................... ...................................................... Office Office Office Notes, Office Memorandum Notes, Office Memorandum Notes, Office Memorandum of of of Coram, appearances, Court’s Coram, appearances, Court’s Coram, appearances, Court’s Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s orders orders orders or directions and or directions and or directions and orders orders orders Registrar’s Registrar’s Registrar’s orders orders orders ...................................................... ...................................................... ...................................................... Shri V.N. Shinganapurkar for the Petitioner. None for the Respondent No.1. Ms Rajshree Gadhvi, A.P.P. for the State. CORAM CORAM CORAM : : : A. A. A. S. OKA, J. S. OKA, J. S. OKA, J. DATE DATE DATE : NOVEMBER 18, 2005. : NOVEMBER 18, 2005. : NOVEMBER 18, 2005. P.C.: P.C.: P.C.: . For the reasons separately recorded in the judgment, following is the operative part of the order: : O R D E R : i) The Writ Petition is rejected with no orders as to costs. ii) If the Petitioner has paid or deposited any amount in compliance with Judgment and Order dated 17th January, 2003 passed by the learned Joint Civil Judge, Senior Division, Thane below Application at Exhibit 5 in Marriage Petition No.110 of 2002, the Petitioner will be entitled to adjust the said amount against the amount of monthly allowance payable ... 2 ... under the impugned Judgment and Order passed by the Revisional Court. iii) If any Appeal preferred against the Judgment and Decree passed in Marriage Petition No.110 of 2002 is pending, the same will be decided in accordance with law without being influenced by the observations made in this Judgment. The observations made in this Judgment are for the limited purposes for considering the legality and validity of the order passed by the Revisional Court. iv) Parties and the concerned court to act upon an authenticated copy of this Judgment. JUDGE JUDGE JUDGE ... 3 ... JUDGE JUDGE JUDGE