Allowed

Swapnali Ajay Wakkar Nee Swapnali Sunil Pavtekar v. Ajay Raghunath Wakkaar

Bombay HC15 Sept 2023MCA/83/2023

Case brief

AI extract

What is this about?

The High Court, Bombay, allowed the applicant's application after a successful mediation report indicated a settlement. It directed the parties to convert a Honours Marriage Petition into a petition under Section 13-B of the Hindu Marriage Act within four weeks and permitted the respondent to withdraw a deposited sum.

What did the court decide?

Directed parties to convert HMP No. 687/2020 into Section 13-B petition within four weeks; ordered Registry to permit withdrawal of Rs. 1,24,000.

Swapnali Ajay Wakkar Nee Swapnali Sunil Pavtekar Vs… — Matrimonial and Divorce | Bombay HC (2023)

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 42. MCA 83-23.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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MISC. CIVIL APPLICATION NO. 83 OF 2023

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Swapnali Ajay Wakkar ...Applicant
V/s.
Ajay Raghunath Wakkar...Respondent

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...Respondent

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Mr. Abhishek S. Matkar for the Applicant.
Mr. Parth Shah for the Respondent.

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CORAM:ABHAY AHUJA, J.
DATE:15th SEPTEMBER 2023

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P.C.:

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1. On 8th September, 2023 following order was passed:-

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“When the matter is called out, both the learned
counsel submit that mediation in the matter has
been successful. However, since no report has been
filed, the matter be listed next week. At their
request, list on 15th September, 2023.”

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2. Today when the matter is called out, learned Sheristedar

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points out that there is a sealed envelope. The same is opened. It
is a Mediator’s report. Perusal of the report dated 12th September,
2023 indicates that the mediation has been successful and the
parties have reached a settlement. The mediation report is taken

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Nikita Gadgil 1/3

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 42. MCA 83-23.doc

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on record and marked ‘X’ for the purposes of identification. The
settlement terms dated 12th September, 2023 duly signed by the
parties as well as their counsel are also taken on record and
marked ‘Y’ for the purposes of identification. The undertakings
contained in the settlement terms are accept as undertakings to
the Court.

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3.It is observed from the settlement terms that applicant and
Respondent have agreed to approach the family court at Kalyan
and convert HMP No. 687 of 2020 into the marriage petition
under Section 13-B of the Hindu Marriage Act as they have settled
their disputes.

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4. Learned Counsel would submit that the said exercise be time bound.

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5. Let the parties approach the family court at Kalyan to convert the HMP No. 687 of 2020 into the marriage petition under Section 13-B of the Hindu Marriage Act within a period of four

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Nikita Gadgil 2/3

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 42. MCA 83-23.doc

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weeks. Let the family court at Kalyan endeavour to dispose of the
said petition under Section 13-B within a period of four weeks
thereafter.

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6.Learned counsel for the Respondent submits that his client
had deposited an amount of Rs. 1,24,000/-, which the Respondent
be allowed to withdraw, upon an application be made in this
behalf in the Registry of this Court. Learned counsel for the
applicant has no objection if the Respondent is allowed to
withdraw the same. Registry is directed to permit withdrawal of
the sum deposited by the Respondent as aforesaid.

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7. Application stands disposed in the above terms.

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(ABHAY AHUJA, J.)

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Nikita Gadgil 3/3

Swapnali Ajay Wakkar Nee Swapnali Sunil Pavtekar v. Ajay Raghunath Wakkaar

Case brief

What is this about?

What did the court decide?

Swapnali Ajay Wakkar Nee Swapnali Sunil Pavtekar v. Ajay Raghunath Wakkaar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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