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Bombay High CourtWP/776/2016others disposed off

Sunil Hargovind Karwa v. Sau. Swati W/O. Sunil Karwa

2017-12-19Hon'Ble Smt. Justice R.P. Mohite-Dere2 pages

WPs257&776-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 257/2016 (SUNIL HARGOVIND KARWA VERSUS SWATI SUNIL KARWA) WITH CRIMINAL WRIT PETITION NO. 776/2016 (SUNIL HARGOVIND KARWA VERSUS SWATI SUNIL KARWA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. J.B. Kasat, counsel for the petitioner.

Petitioner-Sunil Hargovind Karwa Present.

Mr. Masood Shareef, counsel for the respondent. Respondent-Swati Sunil Karwa present.

CORAM : REVATI MOHITE DERE, J.

DATE : DECEMBER 19 , 2017. (In Chamber) Aforesaid two writ petitions can be disposed of in terms of the order dated 21.11.2017 and the undertaking tendered by the petitioner.

The petitioner and the respondent have mutually agreed in the presence of their counsel with regard to, when access of the children will be given to the petitioner from December-2017 onwards till the disposal of the main petition in the trial Court. It is expected that both, the petitioner and the respondent, being responsible parents, will abide by their statement.

Learned counsel for the petitioner has tendered an undertaking, dated 19.12.2017, signed by the petitioner. The same is taken on record and marked as 'Exhibit-X' for identification.

WPs257&776-16 In the said undertaking, the petitioner has undertaken to pay the educational/tuition expenses of both the children from the academic year 2018-19 till completion of their graduation; fees for the son's cricket training and fees for the daughter's personality development course at Artista Academy.

Learned counsel for the respondent states that the petitioner should also undertake to pay for the Post Graduate expenses of both the children, if they intend to pursue. Learned counsel for the petitioner states, that the same can be considered at an appropriate time, if and when the need so arises. Accordingly, learned counsel for the respondent seeks liberty to file an appropriate application if the need so arises in future. Liberty granted.

The respondent shall, pending the proceedings in the trial Court, continue to pay maintenance as directed by this Court vide order dated 21.11.2017. Needless to state, that the said order is without prejudice to the rights and contentions of either of the parties, before the trial Court. The respondent is permitted to withdraw all the amounts deposited by the petitioner in this Court from time to time, during the pendency of this petition, alongwith accrued interest, if any.

Accordingly, both the petitions are disposed of. All parties to act on the authenticated copy of this order.

JUDGE APTE