Lata Lachman Alias Laxman Jashnani v. Lachman Alias Laxman Jasnani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3780 OF 2024 Lata Lachman @ Laxman Jashnani

...Petitioner

Versus

Lachman @ Laxman Jashnani

...Respondent

Mr. Vivek Vijay Salunke, for the Petitioner.

Ms. Minal J. Chandnani (through Video Conference) a/w. Ms. Urusah M. I., for the Respondent.

Mr. Lachman alias Laxman Jasnani, Respondent, present. Digitally signed by SONALI MILIND PATIL Date:

2025.02.11 10:01:12 +0530 SONALI MILIND PATIL

CORAM:

MADHAV J. JAMDAR, J.

DATED :

10th FEBRUARY 2025 P. C.:

1.

By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the order dated 31st January 2024 passed below Exhibit-21 in Petition No.'B'-70 of 2022 by the learned Principal Judge, Family Court, Pune. The said Application has been filed by the Petitioner-wife contending that in the written statement the Respondent has admitted about stridhan of the Petitioner and therefore, on the basis of said admission, the said Petition No.'B'-70 of 2022 be disposed of. The said Application has been rejected by the learned Principal Judge, Family Court,

Pune by the said order dated 31st January 2024 passed below Exhibit-21.

2.

After arguing the matter for some time, Mr. Vivek Salunke, learned Counsel appearing for the Petitioner and Ms. Minal Chandnani, learned Counsel appearing for the Respondent submitted that the parties have arrived at the Consent Terms and they tender the Consent Terms. The Consent Terms are signed by the Petitioner and the Respondent. Both of them are personally present in Court and they state that the dispute in the Writ Petition has been settled in terms of the Consent Terms. The Consent Terms are also signed by the respective Advocates. The respective Advocates identify the signatures of the parties to the Consent Terms. Accordingly, the Consent Terms are taken on record and marked 'X' for identification. The Consent Terms read as under :- "CONSENT TERMS

1. That, with respect to dispute involved in the present petition the parties have arrived at the following terms.

2. That, the following table was submitted by the Respondent wherein he acknowledged the Stridhan of the Petitioner that was in his possession :

With Diamonds 1 One Diamond Necklace 1 2 One Diamond Hand Bangle 3 One Pair of Diamond Ear Ring 4 One Diamond Ring (of engagement) 5 Other Diamond Ring For Hands 1 Four Gold Bangles 2 One thick Gold Bangle 3 Two Gold Bracelets For Neck 1 Three Gold Chains 2 One Gold Haar 3 Two Mangal Sutras 4 Seven different gold pendants with i. Gold Gini ii Sai Baba iii Krishna Bhagwan iv Guru Nanak v Laxmi Mata vi In Oval shape vii Pearl For ears 1 Two gold Ear Rings Pair 2 2 One Pearl Ear Ring Pair 1 For Fingers Two Gold Rings Other Sundry 1 Small 2g m coin 2 Gold Bindi 3 Very Small Gold piece for tooth cup of child

3. That, out of the same, the Respondent has agreed to handover the following stridhan to the Petitioner. With Diamonds 1 One Diamond Necklace 1 2 One Diamond Hand Bangle 3 One Pair of Diamond Ear Ring 4 One Diamond Ring (of engagement) 5 Other Diamond Ring For Hands 1 Four Gold Bangles 2 One thick Gold Bangle 3 Two Gold Bracelets For Neck 1 Two Gold Chains 2 One Gold Haar 3 Two Mangal Sutras 4 Five different gold pendants with i. Krishna Bhagwan ii Guru Nanak iii Laxmi Mata iv In Oval shape v Pearl For ears 1 Two gold Ear Rings Pair 2 2 One Pearl Ear Ring Pair 1 For Fingers One Gold Ring Other Sundry 1 Small 2g m coin 2 Gold Bindi 3 Very Small Gold piece 1

for tooth cup of child

4. That, the petitioner is agreeable to accept the stridhan as stated in point no 3 herein above.

5. That, all the items as agreed here in above shall be handed over by the Respondent to the Petitioner on 31/03/2025 before the Ld. Family Court at Pune. The Respondent shall not take any further date/time for handing over the above items.

6. That, upon having received the stridhan as enunciated above, the Petitioner will withdraw the Petition B-70 of 2022 actuated by her before the Ld. Family Court, Pune.

7. That, four items as mentioned by the Respondent in Paras 3 of his reply at Exhibit 11 (exhibit C to the present petition) on page 24 that 4 jewellery items (one gold chain, one gold ring and two pendants) which belong to him for which he is entitled to keep those four items by him.

8. That, in future the Petitioner will not file any petition for Stridhan for the above mentioned four items or for any added jewellery items by her in the aforesaid Petition No. B-70 of 2022 in any court of law.

9. That, the undertakings given by the parties in the present terms are the undertakings given to the Hon'ble Court and any breach of the same shall amount to the contempt of the Hon'ble High Court and the party committing breach shall be proceeded against for committing the contempt of the Hon'ble Court.

10.The present petition is disposed of in terms of the present consent terms."

3.

Accordingly, the impugned order dated 31st January 2024 passed by the learned Principal Judge, Family Court, Pune below Exhibit-21 in Petition No. 'B'-70 of 2022 is quashed and set aside and the said Application bearing Exhibit-21 in Petition No. 'B'-70 of 2022 is disposed of in terms of the Consent Terms. The undertakings in the Consent Terms are accepted as the undertakings given to this Court.

4.

The Writ Petition is disposed of in terms of the Consent Terms and in above terms with no order as to costs. [MADHAV J. JAMDAR, J.]