Allowed

Cyrus Rohinton Shroff v. Anahita Cyrus Shroff

Bombay HC11 Apr 2022APP/484/2019

Case brief

AI extract

What is this about?

In a bail and maintenance matter, the High Court accepted the appellant's undertaking to pay Rs. 10 lakhs (₹5 lakhs immediate, ₹5 lakhs by July 2022) as settlement of maintenance claims. The court ordered release from custody upon compliance and noted mutual consent for divorce post-payment.

What did the court decide?

Appellant released from custody upon paying Rs. 5 lakhs immediately and remaining Rs. 5 lakhs by July 30, 2022. Agreed to file for divorce by mutual consent under Section 32-B of the Parsi Marriage an

Cyrus Rohinton Shroff Vs Anahita Cyrus Shroff — Maintenance and Alimony | Bombay HC (2022)

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911-OSAPP-484-2019 IN NMSP-4-2019.DOC

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Ashwini

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 484 OF 2019

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NOTICE OF MOTION NO. 4 OF 2019

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PARSI SUIT NO. 16 OF 2018

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WITH

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APPEAL (L) NO. 9871 OF 2022

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CONTEMPT PETITION (L) NO. 1 OF 2019 WITH

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INTERIM APPLICATION (L) NO. 9874 OF 2022

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APPEAL (L) NO. 9871 OF 2022

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ASHWINI HULGOJI GAJAKOSH

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Digitally signed by ASHWINI HULGOJI GAJAKOSH Date: 2022.04.12 18:19:19 +0530

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Cyrus Rohinton Shroff …Appellant Versus Anahita Cyrus Shroff …Respondent

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…Respondent

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Ms FD Contractor , for the Petitioner. Ms Kashmira S Bharucha , with Asmita Dsouza, i/b Prasad Gajbhiye, for Respondent.

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CORAM G.S. Patel & Madhav J. Jamdar, JJ.

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Page 1 of 3
11th April 2022

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911-OSAPP-484-2019 IN NMSP-4-2019.DOC

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DATED: 11th April 2022

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PC:-

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1. Ms Contractor has instructions from the Appellant to say that the Appellant is willing to pay an amount of Rs. 10 lakhs in full and final settlement of the Respondent-wife’s claim for alimony and maintenance. An amount of Rs. 5 lakhs is paid today by cheque No. 000137 dated 10th April 2022 drawn on HDFC Bank in favour of Respondent. Ms Bharucha for the Respondent accepts the cheque.

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2. Ms Bharucha also tenders an AfÏdavit dated 11th April 2022 of the Respondent in which the Respondent confirms that she is agreeable to the proposed settlement and to accept the amount of Rs. 10 lakhs in full and final settlement of all her claims for alimony and maintenance. She confirms that she will not make any further claim for residential property and that she will not claim any right, title and interest in the movable or immovable property of the Appellant. She confirms in paragraph 5 to having received the cheque of Rs. 5 lakhs.

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3. Ms Contractor states that the Appellant will require a little accommodation to pay the balance amount of Rs. 5 lakhs. She says on instructions that he will do so on or before 30th July 2022. we accept the statement as an undertaking to the Court.

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4. Since the Appellant is presently in jail because he was sentenced for having committed contempt of Court, we dispense with his personal presence in Court before us today and proceed on

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Page 2 of 3
11th April 2022

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911-OSAPP-484-2019 IN NMSP-4-2019.DOC

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a statement conveyed by Ms Contractor as to the date for payment for the balance amount of Rs. 5 lakhs.

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5. We make it clear that if there is any dishonour of that commitment, or if the present cheque for Rs 5 lakhs is dishonoured, the Appellant will forthwith be taken into custody and be required to serve out the remainder of the sentence imposed on him. In addition, there will be against him a case of aggravated contempt in the event of any such dishonour or default.

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6. In view of these undertakings, which we accept as undertakings to the Court, the Appellant may be released from custody. The Police Authorities will act on production of an authenticated or digitally signed copy of this order.

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7. Ms Bharucha and Ms Contractor agree that upon the Appellant complying with all his undertakings, the parties will seek a divorce by mutual consent under Section 32-B of the Parsi Marriage and Divorce Act 1936. Obviously, that Petition will be presented only after the full amount has already been paid.

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8. Both Appeals are disposed of with liberty to the Respondent to apply, as aforesaid.

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(Madhav J. Jamdar, J)

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(G. S. Patel, J)

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Page 3 of 3
11th April 2022

Cyrus Rohinton Shroff v. Anahita Cyrus Shroff

Case brief

What is this about?

What did the court decide?

Cyrus Rohinton Shroff v. Anahita Cyrus Shroff

Case brief

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What did the court decide?

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