Bombay High Court
Mrs. Dipika Jain Nee Dipika ... vs Mrs. Geeta Bhagwatiprasad Nawalgaria ... on 2 September, 2025
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2025:BHC-AS:36809 23-WP-15078-2022.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.15078 OF 2022
Dipika Jain @ Dipika Bhagwatiprasad
Nawalgaria ...Petitioner
Versus
Geeta Bhagwatiprasad Nawalgaria & Anr. ...Respondents
Mr. Priyal Sarda a/w. Mr. Rajesh Ranglani, Mr. Shubham Sane and
Ms. Seema Dighe, for the Petitioner.
Mr. Rajaram V. Bansode a/w. Ms. Sheetal M. Ubale, for the
Respondents.
CORAM: MADHAV J. JAMDAR, J.
DATED : 2nd SEPTEMBER 2025
P. C.:
1. Mr. Sarda, learned Counsel appearing for the Petitioner, on
instructions, states that the learned Judge, Family Court, Bandra,
Mumbai has kept the main proceedings bearing Civil M.A. No.25 of
2014 today for passing Judgment. He therefore, states that he has
instructions to withdraw the Writ Petition, however, all contentions
of the Petitioner be kept open.
2. Mr. Bansode, learned Counsel appearing for the Respondents
states that the Writ Petition be dismissed.
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2025.09.02
17:26:25
+0530
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23-WP-15078-2022.DOC
3. The Operative Part of the impugned order dated 28 th April
2022 passed by the learned Family Court, Bandra, Mumbai in Civil
M.A. No.25 of 2014 reads as under:
"ORDER
1. Ms. Dipika Jain daughter of Mr. Bhagwati Prasad
and Mrs. Geeta Bhagwati Prasad Nawalgaria is
directed to deposit Rs.40,00,000/- (Rupees Forty
Lakh Only) in the court in the name of Principal
Judge, Family Court, Mumbai forthwith.
2. The issue of calculation of the bank interest on
permanent alimony of Mrs. Geeta Bhagwati Prasad
is kept open.
4. Mrs. Dipika Jain to comply clause 1 & 2 of the
aforesaid direction immediately."
4. This Court on 27th March 2025 has passed the following
order:
"1. Mr. Sarda, learned Counsel for the Petitioner
states that by Order dated 28th April 2022 passed in
Criminal M.A. No.25 of 2014, the learned Family
Court, Bandra, Mumbai directed to deposit amount
of Rs.40,00,000/- (Rupees Forty Lakh Only) in the
Family Court, Mumbai. The said amount will be
deposited in this Court on or before 17th April 2025.
2. Stand over to 23rd April 2025 at 2.30 p.m."
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5. It is an admitted position that in compliance with the said
order, the amount of Rs.40,00,000/- has been deposited in this
Court. Thus, the impugned Judgment and Order dated 28 th April
2022 passed by the learned Judge, Family Court, Bandra, Mumbai
has been complied with.
6. As the main proceedings bearing Civil M.A. No.25 of 2014
has been completely heard and kept for Judgment, nothing
survives in the Writ Petition.
7. Amount of Rs.40,00,000/- deposited in this Court be
transferred to the learned Family Court, Bandra, Mumbai along
with accrued interest, if any.
8. Consequently, the said deposit in the learned Family Court,
Bandra, Mumbai of the said amount of Rs.40,00,000/- along with
accrued interest if any, shall be subject to the further order passed
in Civil M.A. No.25 of 2014.
9. Accordingly, leave is granted to withdraw the Writ Petition
and the Writ Petition is disposed of as such.
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10. It is clarified that all contentions of both the parties are
expressly kept open.
[MADHAV J. JAMDAR, J.]
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