1. By way of present petition, the applicant has challenged the judgment and order dated 29.6.2006 passed by learned JMFC, Bharuch in Criminal Misc. Application No.642 of 2004 fixing Rs.5,000/ as maintenance in favour of respondent No.2wife which was confirmed by learned Sessions Judge, Bharuch in Criminal Revision Application No.83 of 2007 by his order dated 16.7.2007 under provisions of Section 125 of Code of Criminal Procedure.
2. By order dated 7.8.2008 the matter was admitted and the petitioner was directed to continue to pay the amount of maintenance as ordered on 29.6.2006.
3. Today, Mr.C.B.Dastoor, learned advocate appearing for the petitioner has filed sick note. However, learned advocate Mr.R.E.Variava appearing for the respondent No.2 has submitted that the matter has been settled between the parties in the Family Court at Ahmedabad in Family Suit No.923 of 2009 in which by order dated 15.12.2009 the learned Judge of Family Court No.4, Ahmedabad has allowed the petition and declared the marriage between petitioner and respondent No.2 to be dissolved under the provisions of Section 10(A) of the Indian Divorce (Amendment) Act, 2001. A copy of the judgment and order dated 15.12.2009 produced by learned advocate Mr.Variava is ordered to be taken on record.
4. It appears from the said judgment and order that the present petitioner and respondent No.2 had filed petition for obtaining decree of divorce by mutual consent under Section 10(A) of the Indian Divorce (Amendment) Act, 2001, and the marriage was declared as dissolved under the provisions of Section 10(A) of the said Act. It was also agreed between the parties that an amount of Rs.3,20,000/ has been paid by the present applicant to the respondent No.2 as a permanent alimony/maintenance.
5. In view of the development in the present case, this petition does not survive and therefore disposed of. Rule is discharged.
However, it is made clear that since learned advocate Mr.C.B.Dastoor has filed sick note, he can file application for reviving this petition in case of difficulty.
( A.J. DESAI, J. ) syed/