This civil application was disposed of. The Court referred to an agreement between the parties stipulating that disputes be decided by the Family Court at Pune. The applicant was directed to approach the Family Court instead.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.48 OF 2005
IN
CIVIL APPLICATION NO.134 OF 2003
IN
CIVIL REVISION APPLICATION NO.1794 OF 2001
Dr.Vivek Dattatray Purohit ..Applicant.
Vs.
Smt.Uma Vivek Purohit ..Respondent.
Mr.P.K.Dhakephalkar for the Applicant.
Mr.R.S.Apte, i/b Mr.M.V.Limye for the Respondent.
CORAM :DR.D.Y.CHANDRACHUD,J.
16th September, 2005.
P.C.:
1. Clause 10 of the Consent Terms that were
arrived at between the parties provides thus :
"It is further agreed between the parties
that if there is any dispute between the
2
parties with respect to implementation or
interpretation of any of these two consent
terms, the parties shall be at liberty to
make appropriate application before the
Family Court at Pune and the Family Court,
Pune shall have the jurisdiction to decide
on the same."
In view of the aforesaid agreement that has been
arrived at between the parties and particularly
having regard to the nature of the allegations
contained in the Civil Application, I am of the
view that it is only appropriate and proper that
the Family Court at Pune deals with the
circumstances set out in the application which has
been made before this Court. In the circumstances,
this application is disposed of leaving it open to
the Applicant to adopt appropriate proceedings
before the Family Court. It is needless to add
that should an application be moved before the
Family Court, that Court would deal with the
application on its own merits and pass appropriate
orders having regard to the settled principle that
the welfare and interest of the child are of
paramount importance to the Court. In the event
thatn an application is filed before the Family
3
Court, the Family Court shall endeavour to deal
with the application expeditiously.
1 issue framed by the court
Whether the High Court should exercise jurisdiction over family disputes given the parties' agreement to approach the Family Court at Pune.
Dr.Vivek Dattatray Purohit
Smt.Uma Vivek Purohit
DR.D.Y.CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court