1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.3915 OF 2009 IN FAMILY COURT APPEAL NO.07 OF 2009 Jaikrishna s/o Srirang Murtadkar ... APPLICANT VERSUS Sow. Sindhu w/o Jaikrishna Murtadkar RESPONDENT ..... Shri S.S. Panale, Advocate for applicant Shri S.P. Tilve, Advocate for respondent. ..... W I T H CIVIL APPLICATION NO.12191 OF 2009 IN FAMILY COURT APPEAL NO.07 OF 2009 Sow. Sindhu w/o Jaikrishna Murtadkar ... APPLICANT VERSUS Jaikrishna s/o Srirang Murtadkar ... RESPONDENT ..... Shri S.P. Tilve, Advocate for applicant. Shri S.S. Panale, Advocate for respondent ..... 2 CORAM : S.B. DESHMUKH AND SHRIHARI P. DAVARE, J. DATED : 11th December, 2009. ORAL ORDER : 1. We heard learned counsel for the parties. Rule. Rule made returnable forthwith in Civil Application No. 12191/2009 and Civil Application No.12191/2009 is heard finally by consent of learned counsel for the parties. 2. We have perused earlier order passed by this Court in Civil Application No.3915/2009. By our earlier order passed in Civil Application no.3915/2009, notice was issued with ad- interim relief in terms of prayer clause (B) on condition that the applicant shall deposit an amount of Rs.15,000/- in this Court within three weeks. Mr. Panale, learned counsel submits that such amount is deposited in this Court. This statement is accepted and taken on record. 3. In Civil Application No.12191/2009, applicant-wife seeks withdrawal of amount of Rs.15,000/- deposited in this Court. Counsel appearing for the husband submits that if this Court is inclined to permit the applicant-wife to withdraw the amount of Rs.15,000/- deposited in this Court, some solvency may be obtained. He also points out that learned Family Court, 3 exercising powers under section 18 of the Hindu Adoption and Maintenance Act, 1956, has granted some amount of maintenance. 4. We have seen the judgment of the Family Court. We have considered the submissions of the learned counsel for the parties. We are inclined to allow the applicant-wife to withdraw the amount of Rs.15,000/- deposited in this Court immediately. We are not considering to impose any condition on the applicant-wife for furnishing any surety or security. However, we will make it clear that such withdrawal of Rs.15,000/- shall be considered by the Court, in future. Civil Application No. 12191/2009 is allowed in terms of prayer clause (D). We are making it clear that applicant-wife is permitted to withdraw an amount of Rs.15,000/- deposited in this Court forthwith. Civil Application No.12191/2009 is allowed and disposed of accordingly. Rule in Civil Application No.12191/2009 is made absolute to that extent. 5. We defer hearing of Civil Application No.3915/2009 along with the appeal for admission on 8th January 2010. 6. Call for the record and proceedings from the learned Judge, Family Court, if not already received, and if necessary, through special messenger. 4 7. List the matter on 8th January 2010 for admission and for consideration of the Civil Application No.3915/2009. (SHRIHARI P. DAVARE, J.) (S.B. DESHMUKH, J.) fmp/ca3915.09