1. Present petition under Article 227 of the Constitution of India has been preferred by the petitioner – husband to quash and set aside the impugned order dtd.5/12/2008 passed by the learned Family Court No.3, Ahmedabad in Criminal Misc.Application No.118 of 2005 by which the petitioner has been ordered to pay maintenance of Rs.9000/- per month to the respondent Nos.2 to 5.
2. Today when the present petition is taken up for final hearing, Mr.P.B. Khambhorja, learned advocate appearing on behalf of the petitioner has stated at the bar that during the pendency of the present proceedings, parties have settled the dispute amicably and the additional affidavit is also filed by the petitioner to the aforesaid extent. He, therefore, seeks permission to withdraw the present petition, however, has requested to pass appropriate order permitting to withdraw Rs.5000/- deposited by the petitioner with the Registry of this Court pursuant to the order dtd.26/6/2009 passed by this Court and/or any other amount which may deem fit by this Court.
3. In view of the above, present petition is dismissed as withdrawn. Out of the amount of Rs.5000/- deposited by the petitioner with the registry of this Court, pursuant to the order dtd.26/6/2009 passed by this Court, Registry is directed to return an amount of Rs.2500/- to the petitioner herein by Account Payee Cheque, and the said cheque be handed over to the learned advocate appearing on behalf of the petitioner and balance amount of Rs.2500/- be transmitted to the Gujarat State Legal Services Authority. Rule is discharged. Interim Relief granted earlier, if any, stands vacated.
rafik [M.R. SHAH, J.]