Kamlesh Bheemrao Pawar v. Sunita Kamlesh Pawar

Mr. Sameer K. Sawant i/by Mr. Amogh K. Karandikar for appellant. Ms. Jalpa V. Trivedi for respondent. CORAM: B. H. MARLAPALLE & A. A. SAYED, JJ. August 23, 2010. P.C.

#2. Heard. The present respondent had approached the Family Court at Mumbai by filing Petition No. A-2497 of 2006 for a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 and had also prayed for permanent alimony and a sum of Rs.50,000/- towards litigation expenses. The learned Judge of the Family Court was pleased to allow the petition and the marriage solemnized between the parties on 11/5/2006 has 2 fca-st-25556-09 been dissolved by a decree of divorce as per the order dated 28/8/2008. In addition, the appellant-husband has been directed to pay an amount of Rs. 15000/- per month to the present respondent towards her permanent alimony from the date of the order i.e. 28/8/2008.

#3. In the order dated 18/6/2010 this court noted down the settlement between the parties. The husband has given up the challenge to the decree of divorce and the only dispute between the parties was regarding the amount of permanent alimony. It appears the respondent- wife had filed criminal complaint against the husband and his parents and CC No. 175/PW/2006 is presently pending in the Court of Metropolitan Magistrate. The respondent had assured to withdraw the criminal proceedings as soon as an amount of Rs.7 lac is received from the appellant and the parties were to file compliance report today.

#4. DD No. 047063 dated 18/8/2010 and drawn over the Bank of India in favour of the respondent (in her maiden name i.e. Sunita Shrirang Salunke) for an amount of Rs.7 lac is handed over to her and she has acknowledged its receipt. So far as the pending criminal case is concerned, it has reached the stage of framing of charge and it is between the State vs. 3 fca-st-25556-09 the appellant and his parents. The offences are not compoundable and, therefore, the respondent has agreed and undertaken before us that she will apply along with the present appellant to this court for quashing of CC No. 175/PW/2006 and such an application shall be submitted jointly by the parties within two weeks from today.

#5. Hence, the appeal is disposed off in terms of the amicable settlement between the parties and the undertaking of the respondent to apply for quashing of the criminal case jointly.

#6. Civil Application No. 47 of 2010 does not survive and stand disposed as such. (A. A. SAYED,J.) (B. H. MARLAPALLE, J.)