Mr. Deepak Baban Gawali v. Mrs. Anuja Deepak Gawali Alias Anuja Vitthal Shelke

Bombay HC6 Feb 2024IA/1044/2024

Case brief

AI extract

What is this about?

Matrimonial disputes between husband and wife referred to mediation; interim arrangement for husband to meet minor daughters weekly at a mall, wife's presence permitted; maintenance arrears of Rs.9,40,000 agreed payable in three installments with regular monthly maintenance continuing.

What did the court decide?

Mediation referral; interim Sunday access to minor daughters; arrears of Rs.9,40,000 payable in three installments with continued monthly maintenance.

Mr. Deepak Baban Gawali vs Mrs. Anuja Deepak… — Child Custody and Guardianship | Bombay HC (2024)

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MJ Jadhav

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 14176 OF 2023

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WITH

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INTERIM APPLICATION NO. 1044 OF 2024

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WRIT PETITION NO. 14176 OF 2023

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Deepak Baban Gawali … Petitioner

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vs.

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Anuja Deepak Gawali Alias Anuja Vitthal … Respondent Shelke

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WITH

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WRIT PETITION NO. 6257 OF 2024

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WITH

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WRIT PETITION (ST) NO. 12420 OF 2024

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Anuja Deepak Gawali … Petitioner

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vs.

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Deepak Baban Gawali … Respondent

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Mr. Pranav H. Bhoite for the Petitioner in WP/14176/2023. Mr. P. B. Gujar for Respondent in WP/6257/2024.

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Mr. Amol B. Jagtap for the Respondent in WP/14176/2023 and for the Petitioner in WPst/12420/2024 and WP/6257/2024.

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CORAM : GAURI GODSE, J.

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DATED : 29^th AUGUST 2024

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ORDER :-

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Learned counsel for the wife submits that in the earlier petition

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This is the corrected order pursuant to the order dated 6^th September 2024 for speaking to minutes.

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filed by the husband, the mediation has failed; hence, she is apprehensive about any possibility of an amicable settlement. He submits that the wife has apprehension to attend the mediation meetings in the absence of her father or brother.

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Learned counsel for the husband submits that since the parties were never able to meet independently the mediation efforts have failed.

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Learned counsels for the parties on instructions submit that the parties are agreeable to go for mediation. The parties have also joined through VC. The petitioner- wife submits that she has no difficulty in attending the mediation meetings in the absence of her family members. She has made this statement in response to the query made to her by this Court. This query was put to her as an apprehension was expressed on her behalf by her counsel that, due to intervention of the wife’s family members, the settlement talks had failed. However, the petitioner- wife submits that she has always attended the mediation meetings independently on her own and she will henceforth also attend the meetings on her own in the absence of her father or brother.

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The parties are referred to Main Mediation Centre, High Court,

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This is the corrected order pursuant to the order dated 6^th September 2024 for speaking to minutes.

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Bombay for appointment of some appropriate Mediator for conducting mediation meetings at Pune.

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During the pendency of mediation, the parties have agreed that the husband will be permitted to meet the minor daughters on every Sunday from 4.00 p.m. to 6.00 p.m. at Phoenix Market City Mall Vimanagar, Pune at the play zone area. The parties are at liberty to spend time in any area of the mall as per the comfort of the daughters.

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It is clarified that at this stage, the husband is permitted to meet the minor daughters in the presence of the wife. However, the wife shall make efforts to see that the minor daughters meet the husband comfortably and in a free environment.

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It is further clarified that both the parties shall not discuss about the litigation in the presence of the minor daughters or with the daughters. It is also clarified that the parties shall not influence the children's mind against each other.

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Learned counsel for the wife submits that the husband is in

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arrears to the tune of Rs.9,40,000/-.

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Learned counsel for the husband submits that he will clear the

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This is the corrected order pursuant to the order dated 6^th September 2024 for speaking to minutes.

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arrears in three installments. The husband agrees that the payment towards the arrears shall be paid in following three installments on the following date;

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(i) 5^th September 2024 = 3,13,000/(ii) 5^th October 2024 = 3,13,000/(iii) 5^th November 2024 = 3,14,000/-

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Learned counsel for the husband further on instructions submits that the monthly maintenance as per the impugned order shall be regularly paid, over and above the above said installments. The monthly maintenance shall be paid as per the impugned order.

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List the petition under the caption “for settlement” on 16^th October 2024.

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It is clarified that in the event there is any change in time for availing access, the parties are at liberty to co-ordinate with each other through Whatsapp messages.

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(GAURI GODSE, J.)

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This is the corrected order pursuant to the order dated 6^th September 2024 for speaking to minutes.

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Mr. Deepak Baban Gawali v. Mrs. Anuja Deepak Gawali Alias Anuja Vitthal Shelke

Case brief

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Mr. Deepak Baban Gawali v. Mrs. Anuja Deepak Gawali Alias Anuja Vitthal Shelke

Case brief

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