Mr. Yogesh Agrawal v. Mrs. Shital Yogesh Agrawal

901.WP6504_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6504 OF 2015 Yogesh Agrawal ... Applicant Vs.

Mrs. Shital Yogesh Agrawal ... Respondent Ms. Neeta Karnik, Advocate for the applicant. Mrs. Shital Yogesh Agrawal, respondent appearing in person. CORAM: MRS.MRIDULA BHATKAR, J.

DATE : JULY 10, 2015 P.C.:

Today, pursuant to the order dated 9th July, 2015 of this Court, respondent/wife is present and she has produced the Order below Exhibit1 dated 6th July, 2015 passed by the learned Judge of the Family Court, Mumbai. She took copy of this order today in the morning from the official website of Family Court.

2.

The learned counsel for the petitioner submitted that the Application (Exhibit-I to the Petition) was made before the learned Family Court Judge on 6th July, 2015 and was not allowed to be placed on record. The petitioner/husband has given some proposal for selling of two flats and that is to be considered by the Family Court Judge because this could be the successful effort to settle the matter.

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901.WP6504_2015.doc 3.

The respondent/wife informs the Court that the matter was fixed for pronouncement of the judgment earlier in February, 2014 and this fact is now confirmed from the petitioner/husband. Subsequently, the consent terms were filed by the parties in June, 2014 and time to comply with the permanent alimony was given till December, 2014, which was not complied with. Thereafter, in the Family Court there were some dates, submissions were made and some terms were agreed, however, the Court by its order dated 6th July, 2015 has mentioned that the petition is posted for judgment on 9th July, 2015.

4.

Today, I am informed that now the petition is posted for judgment on 15th July, 2015. The Application (Exhibit-I) is to be allowed to be taken on record by the Family Court. The Family Court to proceed with the matter and pronounce the judgment as scheduled. If the learned Judge thinks it fit, may consider the contents mentioned in the said Application. If any proposal is given by the petitioner/husband and if it is acceptable to respondent/wife, the Court may consider it, otherwise the Court may pronounce the judgment. The Family Court is directed to take up this matter on 13th July, 2015, as the judgment is fixed on 15th July, 2015. (MRS.MRIDULA BHATKAR, J.) 2 / 2