Bombay High Court

AKHLEEMUDDIN FAJLODDIN SHAIKHversusNABILA AKHLEEMUDDIN SHAIKH AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court held that, subject to the husband’s regular deposits, the respondent wife may not withdraw the maintenance amount without the court’s permission.

Summary

The husband filed a criminal application seeking to restrain his wife from withdrawing the maintenance amount he regularly deposits in the Family Court. The court condoned a 45‑day delay in filing and allowed the criminal application, ordering that the revision be registered. It directed that the wife may not withdraw the Rs.25,000 monthly maintenance without the court’s permission, provided the husband continues regular deposits. Notice was issued to the respondents, which they waived service for. The wife has also filed a separate criminal revision for enhancement of maintenance. The matter was listed for final hearing on 21 September 2026.

Issues considered

Whether the 45‑day delay in filing the criminal application can be condoned.
Whether the respondent wife can withdraw the maintenance amount deposited by the husband without court permission.
Whether the criminal revision application should be registered and notice issued.

Subjects

maintenance
criminal revision
family court
condonation of delay
withdrawal of maintenance

Judgment

                              *1*                      911appln1643o26


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

      CRIMINAL APPLICATION NO. 1643 OF 2026
               IN REVNST/4287/2026
                      WITH
  CRIMINAL REVISION APPLICATION (STAMP) NO. 4287
                     OF 2026

          AKHLEEMUDDIN FAJLODDIN SHAIKH
                    VERSUS
     NABILA AKHLEEMUDDIN SHAIKH AND ANOTHER
                               …
Shri Swapnil S. Patunkar, advocate i/by J.P. Legal Associates,
Advocate for the Applicant.
Shri Ammar Khan, advocate i/by Shri Syed G R, advocate for
respondent Nos.1 and 2.
                             ...
                  CORAM : SUSHIL M. GHODESWAR, J.

                  DATE : 03 September 2026
P. C. :-

1.          For the reasons explained in the application, delay of

45 days is condoned. The Criminal Application is allowed

accordingly. The Criminal Revision Application be registered.


2.          In Criminal Revision Application, issue notice to the

respondents returnable on 21.09.2026. Learned advocate Shri

Khan waives service of notice on behalf of the respondents.


3.          The learned advocate for the respondent/ wife states

that the wife has also filed Criminal Revision Application

No.3115/2026 for enhancement of maintenance.
                                     *2*                      911appln1643o26


      4.            The learned advocate for the applicant/ husband

      states that the learned Family Court, vide impugned order, has

      directed to pay maintenance of Rs.25,000/- per month to the

      respondent/ wife from the date of the petition i.e. 05.01.2023. As

      of now, towards the said maintenance, the applicant/ husband has

      deposited Rs.7,09,000/- in the Family Court. According to the

      learned advocate, there are no arrears till date. He, therefore,

      prays that since the applicant/ husband is regularly depositing the

      maintenance amount and the respondent/ wife is also in private

      job, therefore, the amount deposited may not be allowed to be

      withdrawn by the respondent/ wife.


      5.            Subject to regularly depositing the amount of

      Rs.25,000/- per month in the Family Court by the applicant/

      husband, the respondent/ wife shall not be allowed to withdraw

      the said amount towards her maintenance, without permission of

      this Court.


      6.            List this revision application along with Criminal

      Revision Application No.3115/2026, for final hearing on

      21.09.2026.


kps                            ( SUSHIL M. GHODESWAR, J. )

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