MURTUZA @ MIRZA GULZAR BAIG, S/O MIRZA RAUF BAIG Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-4-240
HIGH COURT OF BOMBAY
Decided on April 28,2017

Murtuza @ Mirza Gulzar Baig, S/O Mirza Rauf Baig Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

S.S. Shinde, J. - (1.) Rule. Rule made returnable forthwith. Heard finally, by consent of parties.
(2.) This Court on 3rd April, 2017 passed following order: "1. Heard learned counsel appearing to the parties. 2. Pursuant to notices issued to the respondents, respondent No. 2 Ishrat w/o Mirza Gulzar Baig has filed her affidavit. Paragraph No. 2 of affidavit in-reply filed by respondent No. 2 reads thus: "2. That, the deponent submits that she had also filed proceeding for grant of maintenance vide Criminal Misc. Application No. 256/2015 before learned Judicial Magistrate First Class at Patoda Dist: Beed and in that matter because of the kind indulgence of the senior members in the family of both the parties matter is settled out of court. It is agreed between the parties that the marital tie between the applicant No. 1 and deponent will come to an end. The applicant No.1 will pay an amount of Rs.2,50,000/-towards full and final settlement as a onetime maintenance to the deponent. It is further agreed that the both the parties give consent in disposing off the matter filed against each other." 3. Applicant No. 1 - husband and respondent No.2 - wife are present before the Court. They are identified by their respective counsel. On interaction with respondent No. 2-wife, she stated that, it is her voluntary act to file affidavit-in-reply and enter into the compromise. The parties have settled their dispute out of Court with intervention of the senior members in the family. 4. We have also interacted with applicant No.1. On interaction with him, he stated that, pursuant to agreement/compromise between the parties, they have decided to live separately and he will pay Rs. 2,50,000/- to respondent No. 2 wife towards full and final settlement as onetime maintenance. Admittedly, as on today amount of Rs. 2,50,000/- is not yet paid by applicant No. 1-husband to respondent No. 2-wife. 5. The learned counsel appearing for applicant No. 1 - husband and respondent No. 2-wife pray for three weeks time. 5. List the matter on 24-04-2017. 6. We make it clear that, presence of parties, in particular, respondent No. 2-Ishrat w/o Mirza Gulzar Baig henceforth is not necessary. Liberty to the learned counsel appearing for the parties to place on record additional document receipt of payment of Rs. 2,50,000/- which would be paid by applicant No. 1 - husband to respondent No. 2 - wife.
(3.) Pursuant to said order, it is informed by learned counsel for the applicants and respondent No. 2 that amount of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand) is paid to respondent No.2.;


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