Petition under Article 226 challenging rejection of withdrawal of consent under Family Courts Rules allowed to be withdrawn with liberty to file application raising grounds under Rule 31. Maintainability of proposed application kept open for respondent.
Petition allowed to be withdrawn with liberty to file application under Rule 31 of Family Courts Rules.
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.
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IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8294 OF 2015
Rajesh Prem Lala Vs.
Gauri Grover
… Petitioner
… Respondent
Mr. Pratap M. Nimbalkar for Petitioner. Mr. Yatin R. Shah for Respondent.
CORAM : R. G. KETKAR, J. DATE : 27TH AUGUST, 2015
P.C. :
Heard Mr. Nimbalkar, learned Counsel for petitioner and Mr. Shah, learned Counsel for respondent.
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Rs.4,000/- per month to the respondent -wife instead of Rs.2,000/- per month from the date of her application dated 27.12.2010. The parties thereafter filed consent terms in Petition No.R.D.No.500 of 2013 on 12.11.2013. Under the consent terms, petitioner agreed to pay lumpsum maintenance of Rs.6,50,000/- to the respondent on or before 31.03.2014. On the same date, the learned Judge passed order to the following effect: “I verified to both. They have admitted contents & their signatures.”
(R. G. KETKAR, J.)
Minal Parab
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2 issues framed by the court
Whether a writ under Article 227 should be allowed to be withdrawn with liberty to apply for withdrawal of consent under Rule 31 of Family Courts Rules.
Whether granting liberty to file a future application constitutes an expression of opinion on the merits of the case.
3 provisions across 3 enactments
Rajesh Prem Lala
Gauri Grover
R. G. KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
