Komal Kushal Kamble v. Kushal Kaluram Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.179 OF 2025 Komal Kushal Kamble
...Petitioner
Versus
Kushal Kaluram Kamble
...Respondent
Mr. Mohit Khanna i/b. Mr. Pravin B. Patil, for the Petitioner. Ms. Komal Kushal Kamble, the Petitioner No.1 present through Video Conferencing.
Mr. Asadali Z. Mazgaonwala a/w. Ms. Tanvi Shah, Mr. Tushar Khatri i/b. Mr. Asadali Z. Mazgaonwala, for the Respondent No.1.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
17th OCTOBER 2025 PC:- 1.
This Contempt Petition is filed by the Wife and Son against the Respondent No.1-Kushal Kaluram Kamble alleging willful disobedience and refusal to comply with the Judgment and Order dated 29th November 2024 passed by a learned Single Judge (Coram:Firdosh P. Pooniwalla, J.) in Criminal Writ Petition No.4461 of 2024 along with Criminal Writ Petition No.4490 of 2024.
2.
Both the learned Counsel state that the parties have arrived at agreed arrangement and accordingly, filed the Minutes of Order/Consent Terms. The said Minutes of Order/Consent Terms are signed by the Respondent No.1.
3.
Learned Counsel appearing for the Petitioner states that due to personal difficulty, the Petitioner No.1 could not remain present in the Court today and she could not sign the Minutes of Order/Consent Terms. However, she is appearing in the Court through Video Conferencing. She also states that she is aggreable for the Minutes of Order/Consent Terms and that a copy of the Minutes of Order/Consent Terms signed by her will be submitted in the registry on or before 4th November 2025. 4.
The Respondent No.1-Kushal Kaluram Kamble, who is personally present in Court submits that the said Minutes of Order/Consent Terms are agreeable to him.
5.
The said Minutes of Order/Consent Terms are also signed by both the learned Advocates. Accordingly, the said Minutes of
Order/Consent Terms are taken on record and marked 'X' for identification.
6.
The said Minutes of Order/Consent Terms read as under: "MINUTES OF ORDER/CONSENT TERMS
1. The present Contempt Petition arises out the failure of the Respondent to pay arrears of maintenance within 8 weeks of uploading of the Judgment dated 29th November 2024 in the matter Criminal Writ Petition No. 4490 of 2024 read with Order dated 1st April 2025 in the matter Interim Application No. 132 of 2025.
2. By Order dated 10th July 2025, passed in the present matter, this Court observed that the Respondent had shown blatant disregard to the orders passed by the Court and accordingly, issued Notice of Contempt to the Respondent No. 1 for having committed contempt of Judgment dated 29th November 2024 in the matter Criminal Writ Petition No. 4490 of 2024.
3. When the present matter was listed on 10th October 2025, the Respondent undertook to pay an amount of Rs. 5 lakhs on or before 15th October 2025. This amount has been paid to Petitioners on date 16th October 2025.
4. The Respondent has now also made a proposal to clear the balance arrears of maintenance of Rs. 12,22,965/-, with monthly instalment of Rs. 1,20,000/- with strict schedule for payment. This proposal is acceptable to the Petitioners.
5. Accordingly, with consent of parties, the Contempt Petition is disposed off in the following terms:
A. The Respondent hereby agrees to pay the total outstanding arrears of Rs. 12,22,965/- (Rupees Twelve Lakhs Twenty Two Thousand Nine Hundred Sixty Five Only) ("arrears of maintenance") in 12 monthly instalments as per the table for Schedule of Payments as stated and confirmed by the Petitioners and the Respondents, in the table at Annexure "A". B. Out of each monthly instalment, Rs. 20,000/- (Rupees Twenty Thousand Only) shall be appropriated towards the monthly maintenance amount as directed by the Family Court, Pune by its Judgment dated 7th June 2024 in the matter Petition E 132 of 2016 and the balance shall be appropriated towards the clearing the arrears of maintenance.
C. The Respondent agrees to make payment of each monthly instalment on or before the 7th day of each calendar month, starting from 7th December 2025, as per the above payment schedule.
D. Upon clearing the outstanding arrears of maintenance, the Respondent unconditionally agrees and undertakes to pay monthly maintenance of Rs. 20,000/- (Rupees Twenty Thousand Only) in accordance with the Judgment dated 7th June 2024 in the matter Petition E 132 of 2016, of the Family Court, Pune or such altered amount of maintenance as may be revised or directed by the Court in future. E.
The Respondent shall make all payments electronically by IMPS, NEFT, or RTGS into the bank account of Petitioner No. 1, the details of which are as follows:
Account Name Komal Kushal Kamble Account Number 924010008829241 IFSC Code UTIB0003058 MIRC Code 411211049 Branch Name Ambegaon Pune MH F.
In case of any change in bank account of the Petitioner No. 1, in future, she shall inform the Respondent the details of the alternate bank account. The respondent shall forthwith provide his postal address where he resides, functional email address and functional phone number to the Petitioner No. 1 for enabling her for such communication. If Respondent changes any of such residence address,
email or phone number then he shall forthwith communicate so to the Petitioner No. 1. Any communication on this postal address and/or email of the Respondent shall be considered as valid service of notice in this regard.
G. Since the Respondent has agreed to clear the arrears of maintenance, the Petitioners shall not take any steps in the execution proceedings before the Hon'ble Family Court, Pune, as long as the Respondent strictly complies with the payment schedule.
H. In the event of any default by the Respondent, the present Contempt Petition shall stand revived and be taken up for final hearing and the Petitioners shall be at liberty to proceed with the execution proceedings before the Hon'ble Family Court. The penalty interest granted by this Court in its earlier order dated 1st April 2025 in the matter IA No. 132of 2025 shall automatically revive on the outstanding arrears as on the date of default.
I.
The Respondent undertakes that he shall not harass, threaten, intimidate, pressurise, stalk or cause any physical, verbal, emotional or any other harm to the Petitioners', directly or indirectly, or through any third party;
J.
Until the entire arrears of maintenance are not cleared by the Respondent, he shall not travel abroad without the permission of the executing court;
K. This arrangement is without prejudice to the Petitioners' rights and contentions including to seek enhancement of maintenance and such altered maintenance by the competent court, which upon receiving such decree / judgment / order / interim order, shall be paid by the Respondent to the Petitioners, on or before the 20th day of each calendar month.
L.
List the matter on date __________ for compliance." ANNEXURE "A" - SCHEDULE OF PAYMENT Sr No Installment Pending Arrears as Instalme Appropriati Appropriatio Date nt to be on towards n towards on Installme paid clearing clearing monthly maintenance arrears nt Date Formula used D = Rs. 1 Lakh from E = Rs.
20,000/- from C 07.12.2025 12,22,965 1,20,000 1,00,000 20,000 20.01.2026 11,22,965 1,20,000 1,00,000 20,000 20.02.2026 10,22,965 1,20,000 1,00,000 20,000 20.03.2026 9,22,965 1,20,000 1,00,000 20,000
20.04.2026 8,22,965 1,20,000 1,00,000 20,000 20.05.2026 7,22,965 1,20,000 1,00,000 20,000 20.06.2026 6,22,965 1,20,000 1,00,000 20,000 20.07.2026 5,22,965 1,20,000 1,00,000 20,000 20.08.2026 4,22,965 1,20,000 1,00,000 20,000 20.09.2026 3,22,965 1,20,000 1,00,000 20,000 20.10.2026 2,22,965 1,20,000 1,00,000 20,000 20.11.2026 1,22,965 1,22,965 1,02,965 20,000 20.12.2026 20,000 20,000 Not Applicable 20,000 Onwards Respondent unconditionally agrees and undertakes to pay monthly maintenance of Rs. 20,000/- in accordance with the Judgment dated 7 June 2024 in the matter Petition E 132 of 2016, of the Family Court, Pune, or such altered amount of maintenance as may be revised or directed by the Court in future."
7.
Various statements made in the Minutes of Order/Consent Terms are accepted as undertakings given by both the parties. 8.
Accordingly, the Contempt Petition is disposed of in terms of the Minutes of Order/Consent Terms, with no order as to costs. 9.
This Court places on record appreciation of the efforts made by Mr. Mohit Khanna, learned Counsel appearing for the Petitioner and Mr. Asad Mazgaonwala, learned Counsel appearing for the
Respondent No.1 to ensure that the parties arrive at an agreed arrangement and also to ensure that the order of this Court is complied with.
10.
Both the learned Counsel state that although the Contempt Petition is disposed of, the same be kept for compliance. 11.
Both the learned Counsel also state that the Mediator be appointed and the learned Mediator be directed to submit the report before the learned Executing Court. Accordingly, by consent of the parties, Ms. Gayatri Gokhale, learned Advocate, is appointed as Mediator. Learned Mediator shall file report in Petition ER/80 of 2025 pending before the learned Judge, Family Court, Pune within a period of 8 weeks from today.
12.
Stand over to 27th April 2026 at 03:00 p.m. for ensuring compliance.
[MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:
2025.10.18 13:05:58 +0530 SONALI MILIND PATIL