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2013 DIGILAW 2143 (BOM)

Gazi Abdul Karim v. Shaikh Rafiya

2013-10-11

ABHAY M.THIPSAY

body2013
Judgment : Rule. By consent, Rule made returnable forthwith. By consent, heard finally. 2. Though I have heard the learned counsel for the petitioner at quite some length and though I have heard the learned counsel for the respondent also on some of the contentions raised on behalf of the respondent, actually the issue involved is quite limited. The contention of the petitioner is that the application for cancellation of maintenance order on the ground of change in circumstances, as made by him under the provisions of the Section 127 of the Code of Criminal Procedure, is pending before Family Court for a period of more than three years. The grievance of the petitioner is that the said application is not being decided by the Family Court and during the pendency of the said application, the respondent wife has been making different applications before the Family Court seeking enhancement of the amount of maintenance, etc. According to him, this is causing prejudice to him, in as much as, his basic issue that the amount of maintenance is liable to be cancelled, is not decided, and on the contrary, he is being made not only to pay the maintenance as has been ordered, but also to face the applications made by the respondent wife for enhancement, etc. 3. I am satisfied that the delay in disposing of the application filed under section 127 is working to the disadvantage of the petitioner. 4. The constitutional jurisdiction of this Court, therefore, is required to be invoked to give an appropriate direction in the matter to the Family Court. 5. The Family Court shall dispose of the Criminal Misc. Application No. 103/2010 pending before it within a period of three months from today. The Family Court shall not decide and dispose of the Criminal Application M.A. No.67/2005, which is said to have been filed by the respondent herein, for enhancement of the amount of maintenance, till the Criminal Misc. Application No. 103/2010 is decided. 6. The Petition is allowed in the aforesaid terms and to the aforesaid extent. 7. Rule is made absolute accordingly. 8. The amount deposited by the petitioner in this Court in accordance with the order dated 12th June, 2013 shall be allowed to be withdrawn by the respondent and be adjusted towards the amount sought to be recovered in any recovery proceedings as may be pending before the Family Court. 7. Rule is made absolute accordingly. 8. The amount deposited by the petitioner in this Court in accordance with the order dated 12th June, 2013 shall be allowed to be withdrawn by the respondent and be adjusted towards the amount sought to be recovered in any recovery proceedings as may be pending before the Family Court. Ordered accordingly.