1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. WRIT PETITION NO.3057 OF 2008. Sau.Prabodhini Aswar ..vs.... Amol Parashram Aswar. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Mr.C.A.Joshi, Adv. for the petitioner. Mr.S.A.Mohta, Adv. for the respondent. Coram: J.H.BHATIA,J. Dated : 2nd April, 2009. 1. The learned counsel for the parties informed that this petition was filed by the petitioner challenging the interim order passed by Jt.Civil Judge (Sr.Dn.), Akola refusing maintenance to the petitioner under Section 24 of the Hindu Marriage Act pending the main petition, which was filed by the respondent/husband for Restitution of Conjugal Rights. As the marriage petition filed by the respondent itself has been dismissed finally, this petition has become infructuous. 2. It appears that as per the orders of this court passed on 10/12/2008, the respondent/husband was 2 required to deposit amount of Rs.50,000/- before the trial court and the petitioner was granted liberty to withdraw the amount of Rs.10,000/- and as far as balance amount is concerned, that was to be disbursed by the order that would be later on passed by this court. 3. The learned counsel for the petitioner points out that in an application under Section 125 of Cr.P.C. filed by the petitioner and her daughter, the Magistrate had passed an order granting maintenance at the rate of Rs.3000/- per month to the petitioner and Rs.2000/- per month to her daughter from the date of application i.e. 2/12/2005 onwards. That order has been challenged by the respondent/husband in a revision application before the Sessions court. 4. In view of the above circumstances, the petition stands disposed of as infructuous and the petitioner shall be allowed to withdraw the balance amount of Rs.40,000/- also from the court of Civil Judge (SD) and that amount shall be adjusted against the liability of the respondent towards maintenance of the petitioner and her daughter as per the order which 3 may be passed by the Sessions court in revision against the order under Section 125 of Cr.P.C. JUDGE. Chute