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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FAMILY COURT APPEAL NO. 139 OF 2014
Smt. Suhasini Chandrakant Sugandhi
(Pramila Patil), aged 66 years, Occ.
Household Work, R/o. Nandanvan Colony,
Amravati, Distt. Amravati. ...... APPELLANT
...VERSUS...
Chandrakant Thakurdas Sugandhi,
Aged about Adult, Occ. Service (DYSP)
Ro Caste Verification Committee, Near
R.T.O. Office, Nandurbar, Distt. Nandurbar . RESPONDENT
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Shri A.M.Ghare, counsel for appellant
Shri S. Alaspurkar, counsel for Respondent
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th DATE : 15 NOVEMBER, 2017 .
ORAL JUDGMENT 1] This appeal challenges the judgment and decree dated 09.07.2010 passed by the Family Court at Amravati in Petition No. C/49/2009, granting monthly maintenance of Rs.5,000/- to the appellant-wife and also directing the respondent-husband to pay Rs.5,00,000/- in lump sum for medical treatment of the petitioner-wife. ::: Uploaded on - 17/11/2017 ::: Downloaded on - 18/11/2017 01:46:35 :::
2 fca139.14.odt 2] The appeal was admitted on 09.08.2011. On 22.06.2017, this Court passed an order as under;
"The learned counsel for the parties state that there is a possibility that the matter could be settled through the intervention of the mediator. The parties further agree that Shri Jaydeep Chandurkar, Advocate, whose name appears in the list of Mediators, could be appointed as a Mediator.
Hence, we appoint Shri Jaydeep Chandurkar, Advocate, as a Mediator in this case. The parties undertake to appear before the Mediator on 07.07.2013 (2017) at 2.00 p.m. in the Mediation and Conciliation Centre in the High Court premises, Nagpur.
Stand over after six weeks for further consideration."
3] The report dated 13.10.2017 of the Mediator is placed on record, stating that the mediation is successful in terms of the agreement dated 12.10.2017, signed by both the parties before the Mediator.
Para 10 and 11 of the agreement dated 12.10.2017 being relevant are reproduced below.
"10.That both the parties have decided to put final end to all the lis and to all the past and future claims of the Party No.1/ appellant in lieu of payment of Rs.5,30,000/- (Five Lakhs Thirty Thousand Rupees only) by the Party No.2 to the Party No.1. Accordingly, the party No. 2 is ready to deposit and hereby undertakes to deposit the said amount of Rs.5,30,000/- (Five Lakhs Thirty Thousand Rupees only) in the Registry of this Hon'ble Court within one month from the date of compromise. After depositing the said amount of Rs.5,30,000/-, the party No.1 undertakes to withdraw proceeding under Section 125 of Code of ::: Uploaded on - 17/11/2017 ::: Downloaded on - 18/11/2017 01:46:35 ::: 3 fca139.14.odt Criminal Procedure, pending before learned Judge, Family Court, Amravati, vide Petition No. E/27/2014. After withdrawal of the aforesaid petition and after passing of compromise decree in the present appeal, the Party No.1 shall be entitled to withdraw the said amount of Rs.5,30,000/- (Five Lakhs Thirty Thousand Rupees only). A copy of Demand Draft Dtd. 25/09/2017 drawn on I.C.I.CI. Bank, Civil Lines, Nagpur, in favour of the Registrar, High Court of Bombay, Nagpur Bench, to the tune of Rs.5,30,000/- (Five Lakhs Thirty Thousand Rupees only) being No. 003436 is annexed alongwith the copy of Aadhar Card of Party No. 1 and 2 herewith.
11. The party No.1/Appellant has been described as Smt. Suhasini Chandrakant Sugandhi (Pramila Patil) in the cause title of the Appeal. In support of the same, the party No.1/Appellant has filed affidavit Dtd 24/08/2017 bearing Stamp No. 12549/2017 to the effect that the name of the Party No.1/Appellant as per various official documents is shown as Pramila d/o Ramchandra Patil. It is, therefore, hereby agreed that the amount to be withdrawn by the party No.1/Appellant as per above clause 10 shall be disbursed by the Registry of this Hon'ble Court in the name of Pramila Ramchandra Patil"
4] In terms of the aforesaid clauses of the agreement, the appellant has undertaken to withdraw the proceeding under Section 125 of Cr.P.C., pending in the Family Court at Amravati vide Petition No. E/27/2014. It is informed to us that the said petition is withdrawn on 07.11.2017.
In case if it is found that the petition under Section 125 of Cr.P.C. is not withdrawn, the Court shall treat that the said petition is dismissed as on that date.
5] The appellant is permitted to withdraw an
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amount of Rs.5,30,000/- deposited in this Court along with interest, if any. The cheque shall be issued in the name of Pramila Ramchandra Patil, as per the request made by the learned counsel appearing for the appellant immediately.
The appeal stands disposed of, as settled in terms of agreement dated 12.10.2017.
JUDGE JUDGE
Rvjalit
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