Vilina Pramod More v. Pramod Bhagwan More

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 212 OF 2021 IN INTERIM APPLICATION STAMP NO. 95970 OF 2020 IN CONTEMPT PETITION NO. 158 OF 2020 IN FAMILY COURT APPEAL NO.68 OF 2018 Vilina Pramod More ....Petitioner

Versus

Pramod Bhagwan More and anr.

....Respondents Mr. Hrishikesh Shinde, Advocate for the Petitioner. Ms. Surbhi S. Agrawal i/b. Mr. Amar Lavte, Advocate for Respondent No.1.

Ms. R. M. Shinde, AGP for Respondent No.2-State. CORAM : PRASANNA B. VARALE & KISHORE C. SANT, JJ.

DATE : 30th AUGUST, 2022.

P.C. :

1.

Vide order dated 15th June, 2022, the consent terms arrived at between the parties viz. petitioner-wife and respondent-husband were taken on record and marked "X" for identification. It may not be necessary for us to refer to all the terms. Suffice to say that insofar as the maintenance is concerned, in paragraph 4 of the consent terms, respondent No.1 - husband agreed to pay one time maintenance to the petitioner-wife in four instalments of Rs.2,50,000/- each on 30th June, 1/3 SHUBHADA SHANKAR KADAM Date: 2022.08.30 19:49:24 +0530 SHUBHADA SHANKAR KADAM

2022, 15th July, 2022, 1st August, 2022 and 30th August, 2022. The three instalments due and payable on 30th June, 2022, 15th July, 2022 and 1st August, 2022 are duly paid. Learned counsel for the petitioner-wife admits payments of these three instalments. As the last instalment is due and payable today i.e. 30th August, 2022, learned counsel for respondent No.1-husband handed over demand draft of Rs.2,50,000/- to the learned counsel for the petitioner-wife. The same is accepted by Mr. Shinde, learned counsel on behalf of the petitioner-wife. Both the parties, petitioner - wife and respondent No.1-husband are also present before this Court.

2.

It is also observed by the Division Bench in the order dated 15th June, 2022 that in view of the settlement arrived at between the parties, the contempt petition stands disposed of in terms of the consent terms and the contempt alleged in the petition is accepted as purged by respondent-husband and the matter was directed to be listed only for compliance.

3.

Clause 6 of the consent terms makes a reference to the appeals filed by the husband and wife respectively. The Family Court Counsel for the petitioner-wife submits that the petitioner wife be permitted to withdraw the appeal No.68 of 2018. Accordingly, the appellant-wife is allowed to withdraw appeal No.68 of 2018. Insofar as 2/3

appeal filed on behalf of respondent No.1-husband being appeal No.162 of 2017 is concerned, necessary orders be passed in the appeal making reference to a decree of divorce by consent and be disposed of accordingly.

4.

As the terms agreed between the parties are duly complied with, no more grievance of any of the party survives. As such, no further orders are required to be passed.

5.

The other proceedings arising out of the matrimonial dispute and the subject matter before this Court are accordingly disposed of in view of the consent terms arrived at between the parties. (KISHORE C. SANT, J.) (PRASANNA B. VARALE, J.) 3/3