Bombay High Court
Smt. Suhasini Chandrakant ... vs Chandrakant Thakurdas Sugandhi on 15 November, 2017
Bench: Ravi K. Deshpande
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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.
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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
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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
