1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1423 OF 2010 IN CRIMINAL REVISION APPLICATION NO.202 OF 2009 Kailashchandra Sriwalhaba Bhama ..Applicant V/s Sadhana Kailashchandra Bhama and another. ..Respondents ..... Mr.S.S. Agrawal, Advocate for applicant. Mr.B.V. Dhage, Advocate for respondents. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 30th April, 2010. PER COURT : 1. Heard Mr.S.S. Agrawal, learned counsel for applicant as well as Mr.B.V. Dhage, learned clunsel for respondents. 2. This is an application preferred by applicant seeking permission to withdraw an amount of Rs. 59,000/- deposited by respondent in this Court as per order passed by this Court in Criminal Revision Application no.202/2009 on 18th March, 2010. 3. Applicant i.e. husband has challenged the order passed in E. Petition No.133 of 2006 passed by learned Family Court, Aurangabad on 09.04.2009 awarding maintenance of Rs.1500/- per month to respondent no.1- Sow.Sadhana (wife) and Rs.1000/- to respondent no.2- Abhishek (son) from the date of application i.e. 2 24.04.2006 and order was passed in the said revision on 18th March, 2010 directing applicant in the said Criminal Revision Application to deposit arrears of maintenance amount of Rs.59,000/- along with other directions as stated therein. Accordingly, it appears that applicant in Criminal Revision Application has deposited the said amount in this Court. 4. On the aforesaid background, learned counsel for revision applicant stated that since he has challenged the grant of maintenance amount to wife- Sadhana and therefore, undertaking be taken from her while releasing amount that, she would return the amount, if Criminal Revision Application is allowed to the extent of respondent no.1-Sadhana. Learned counsel for applicant has no objection therefor. 5. Hence, in the light of aforesaid facts, present application is allowed and applicant nos.1 and 2 namely; Sadhana and Abhisekh are permitted to withdraw the amount of Rs.59,000/- towards arrears of maintenance deposited in this Court subject to undertaking given by wife-Sadhana that, she shall return the said amount, if Criminal Revision Application is allowed to her extent. Present criminal application no.1423/2010 stands disposed of accordingly. (SHRIHARI P. DAVARE) JUDGE gas/cri1423.10