Sushma Milind Wafekar v. Varad Milind Wafekar Through Its Guardian Grandmother Jayshri Gangadhar Wafekar

2025:BHC-AUG:20063

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 44 OF 2025 Sushma Milind Wafekar

Versus

Varad Milind Wafekar through its Guardian Grandmother Jayshri Gangadhar Wafekar ------------------------- Mr. Prasad Kadam for the Applicant.

Mr. C. B. Choudhari for the Respondent.

Mr. A. M. Phule, APP for the State.

------------------------- CORAM :

ADVAIT M. SETHNA, J.

DATE :

30 JULY 2025 P. C.:

1.

Heard learned counsel for the parties. By the present proceedings, the Revision Applicant had assailed the order of the Family Court, Dhule in Petition No.E-111/2023 dated 21 May 2023. It is against such impugned order that the present Revision Application was filed. During the pendency of the said proceedings, the parties have entered into a settlement. Pursuant to such settlement, the Respondent has filed an affidavit dated 12 March 2025, which is on record. It is to be noted that the parties have not filed any consent terms.

2.

The said affidavit specifically states that the father of the Respondent will bear all the past and future maintenance of the Respondentchild and the Applicant will waive all the rights of the maintenance against the father of the Respondent. The Applicant has waived the right of custody of the present Respondent to the father and grandmother. The affidavit

further state that the Respondent has no objection to set aside the impugned order passed by the Family Court, Dhule dated 21 May 2024. It is further stated that the present family dispute is settled and the Respondent does not want further litigation and that the Respondent waives all the past and future maintenance against the Applicant.

3.

Pursuant to the above, the Registrar (Judicial) has prepared a report, which is on record dated 16 June 2025. The report duly records the contents of the affidavit noted above dated 12 March 2025, but also bears the signature of the Applicant. It is stated by the learned Advocates for the parties across the Bar that the Respondent appeared through video conferencing before the Registrar (Judicial) on 16 June 2025 that is how signature of the Respondent is not reflected on the said report. The learned Advocate for the Applicant has duly identified the signature of the Applicant. The said report dated 16 June 2025 is taken on record and marked 'X1' for identification.

4.

There is no dispute with regard to the signatures and/or the contents of the affidavit dated 12 March 2025 as the same is duly verified and a report in that regard is prepared by the Registrar (Judicial). These proceedings can be disposed of by passing the following order:-

O R D E R

i.

The impugned order dated 21 May 2024, passed by the Family Court, Dhule in E-111/2023 is hereby quashed and set aside

as per the settlement terms recorded in Affidavit dated 12 March 2025 and the report of Registrar (Judicial) of this Court dated 16 June 2025.

ii.

The Criminal Revision Application No.44 of 2025 is disposed of.

iii.

Any pending Applications, if any, in the Criminal Revision Application will not survive and are accordingly disposed of. [ADVAIT M. SETHNA, J.]