Bombay High CourtCAW/3035/2018ca disposed off

Shri. Jayodhan S/O Babarao Lokhande v. Smt. Kiran W/O Jayodhan Lokhande

2019-02-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp2573.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2573 OF 2017 (JAYODHAN BABARAO LOKHANDE...VS.. SMT. KIRAN JAYODHAN LOKHANDE.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 01, 2019.

CIVIL APPLN.NO.137/2019.

For the reasons mentioned in the application, permission to correct the name of the respondent is granted. Necessary correction be carried out immediately. The application is allowed accordingly.

W.P.NO.2573/2017.

The report of Co-ordinator, Mediation Centre, Nagpur dated 19th March 2018 is placed on record, stating that the mediation is successful. Along with the report, pursis dated 19th March 2018 signed by the petitioner, his advocate, respondent and her advocate is also placed on record. The order-sheets dated 6th April 2018, 3rd May 2018 and 4th January 2019 show that the matter was adjourned by consent. The advocates whose names appear on the docket had not appeared for the petitioner as well as respondent in the morning session.

Shri Piyush Rajurkar, Advocate had appeared in the morning session and had pointed out that the matter is amicably worked out by the parties and the Hindu Marriage Petition which was pending before the Family Court is also

2 wp2573.17 disposed on 19th September 2018. A copy of the judgment delivered by the Family Court in Application No. F-488/2018 on 19th September 2018 is placed on record. The matter was kept in afternoon session. In the afternoon session again advocates whose names appear on record are not present. Shri Piyush Rajurkar, Advocate states that he is representing both the parties after the settlement and he has pointed out clause 3 in the pursis dated 19th March 2018 which is to the effect that the husband shall deposit Rs.Six Lakhs with the Registry of this Court or of the Family Court, Nagpur and the respondent-wife will be entitled to withdraw that amount. Paragraph No.6 of the judgment delivered by the Family Court on 19th September 2018 is also to the same effect.

In the above facts, the writ petition is disposed as the matter is settled by the parties. The amount of Rs.Six Lakhs, deposited by the petitioner with the Registry of this Court, along with the interest on it, if any, be given to the respondent-wife.

CIVIL APPLN.NOS.1046/2018 & 3035/2018.

In view of the disposal of the petition and the order passed in the writ petition, the applications praying for withdrawal of the amount do not survive, hence, are disposed of.

JUDGE RRaut..