Bombay High Court
SONALI NITIN RAIBOLEversusNITIN DIGAMBARRAO RAIBOLE
- Disposal
- APPLICATION ALLOWED
- Bench
- R M JOSHI
Holding
There is no impediment to permitting the applicant to withdraw the deposited amount with accrued interest.
Summary
The wife, Sonali Nitin Raibole, filed an application seeking withdrawal of Rs.1,80,000 deposited by her husband, Nitin Digambarrao Raibole, as arrears of interim maintenance. The court noted that the earlier order allowed the husband to lead evidence before the Family Court, resulting in the disposal of the writ petition. Since the deposited sum pertained to maintenance arrears, the court found no legal barrier to permitting its withdrawal with accrued interest. The respondent opposed the application, but the court rejected the objection. Consequently, the application was allowed, authorising the wife to withdraw the amount with interest.
Issues considered
- Whether the applicant can withdraw the amount deposited towards arrears of interim maintenance after the writ petition is disposed
Subjects
- maintenance
- family law
- withdrawal of deposit
- interim maintenance
- interest
Judgment
2026:BHC-AUG:24228
16-APPLN-972-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 972 OF 2026
IN WP/1654/2023
Sonali Nitin Raibole
VERSUS
Nitin Digambarrao Raibole
...
Mr. A. B. Deshmukh, Advocate for Applicant
Mr. A. S. Gandhi h/f Mr. A. P. Baraskar, Advocate for Respondent
...
CORAM : R.M. JOSHI, J
DATE : JUNE 22, 2026
PC :
1. This Application is for withdrawal of amount deposited by
Original Petitioner in this Court.
2. Learned Counsel for the Applicant submits that present
Applicant is wife, original Respondent. He drew attention of the Court to
order passed by this Court permitting Respondent/Original Petitioner to
withdraw Writ Petition by granting liberty to lead evidence before Family
Court. It is his submission that appropriate order is required to be passed in
respect of withdrawal of amount by present Applicant.
3. Learned Counsel for Respondent/Original Petitioner opposes
the Application.
4. Pursuant to order dated 03.11.2023 passed by this Court in
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16-APPLN-972-2026.odt
Petition, a sum of Rs.1,80,000/- came to be deposited by Original Petitioner.
This amount is deposited towards arrears of maintenance receivable by
Applicant/Original Respondent. By permitting Petitioner to lead evidence
before Family Court, Petition came to be disposed of.
5. Since amount is deposited towards arrears of interim
maintenance, there is no impediment in permitting Applicant to withdraw
the amount with accrued interest. Hence, Application is allowed in terms of
prayer clause ‘b’.
(R. M. JOSHI, J.)
Malani
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