Parag Vishwanath Arekar v. Gavanti Alias Geetanjali Parag Arekar

(39) wp-9777.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9777 OF 2016 Parag Vishwanath Arekar : Petitioner.

versus Gavanti alias Geetanjali Parag Arekar : Respondent.

Mr. Kishor K Malpathak for the Petitioner.

CORAM :

R. M. SAVANT, J.

DATE :

03rd March 2017 P.C.

The learned counsel for the Petitioner Shri Kishor K Malpathak states that the parties have filed the Consent Terms in MJ Petition No.A-504 of 2015 and therefore the challenge in the above Petition to an interim order of maintenance does not survive.

The learned counsel for the Petitioner places on record a photocopy of the original Consent Terms dated 02/03/2017 arrived at between the parties before Dr. M G Desai, the Marriage Counsellor, Family Court, Mumbai at Bandra and filed in the Family Court on 02/03/2017 i.e. yesterday on record. In terms of clause (8) of the said Consent Terms, the Petitioner herein i.e. Shri Parag V Arekar is entitled to withdraw the sum of Rs.1,50,000/- deposited by him in this Court. It is stated in the said clause (8) of the Consent Terms that the Respondent wife will have no objection to the same. The photocopy of the Consent Terms is taken on record and marked as "X" for lgc

(39) wp-9777.16 identification. The photocopy of the Consent Terms are paginated from Page Nos.1 to 3. The Petitioner would be entitled to get refund of Rs.1,50,000/- deposited in this Court in terms of Clause (8) of the Consent Terms. The above Writ Petition is accordingly disposed of as having turned infructuous. All the concerned parties to act upon an ordinary copy of this order duly authenticated by the Court Associate/Sheristedar. [R.M.SAVANT, J] lgc