Swati Mandar Gupte vs Mandar Jayant Gupte
2024 Latest Caselaw 22515 Bom

Bombay High Court

Swati Mandar Gupte vs Mandar Jayant Gupte on 2 August, 2024

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

                                                                  18 ia 7076-24.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                       INTERIM APPLICATION NO. 7076 OF 2024
                                       IN
                        FAMILY COURT APPEAL NO. 46 OF 2024
                                      WITH
                       INTERIM APPLICATION NO. 8420 OF 2024
                                       IN
                        FAMILY COURT APPEAL NO. 46 OF 2024
                                      WITH
                        FAMILY COURT APPEAL NO. 46 OF 2024

Swati M. Gupte                                             .. Applicant/Appellant

         Versus

Mandar J. Gupte                                                     .. Respondent

     Adv. Pramod Pawar for the Appellant/Applicant.

     Adv. Mandar Limaye i/b. V. Pethe for the Respondent-husband.

     Mrs. Swati Gupte, Appellant-wife is present.

     Mr. Mandar Gupte, Respondent-husband is present.

                                   CORAM:         B. P. COLABAWALLA &
                                                 FIRDOSH P. POONIWALLA, JJ.

                                       DATE:     AUGUST 02, 2024

P. C.

1. Interim Application No. 7076 of 2024 has been filed by the

Appellant-wife seeking a stay of the impugned judgment and decree dated

29th December, 2023. Interim Application No. 8420 of 2024 has been filed by

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18 ia 7076-24.doc

the Appellant-wife seeking interim maintenance. The above Family Court

Appeal has also been filed by the Appellant-wife under which a divorce was

granted to the husband on the ground of cruelty.

2. When the above matters had come up on the earlier occasion, we

had noted that there are no children involved in this dispute and hence we

had impressed upon the parties to try and see if any amicable solution could

be reached.

3. Today when the matter is called out, we are happy to note that

with the intervention of the counsel, the parties have agreed to resolve their

dispute amicably. In principle, it is agreed that the Respondent husband shall

pay to the Appellant-wife a sum of Rs. 18 Lacs in three equal monthly

installments. The parties have also agreed that once the entire payment is

made, this Court can pass a decree of divorce by mutual consent and

substitute the same in place of the impugned order. Additionally, the

Appellant-wife has also agreed that once full payment is made, all

proceedings initiated by her against the Respondent-husband would be

withdrawn.

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4. Since these are the broad principles on which the parties have

agreed to settle their disputes, we now place the above matter on 9 th August,

2024 for filing consent terms.

5. This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by fax

or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

AUGUST 02, 2024 Laxmi