Ashwin S/O Shankarrao Mahalle vs Rupali W/O Ashwin… — Matrimonial and Divorce | Bombay HC (2025)

Ashwin S/O Shankarrao Mahalle vs Rupali W/O Ashwin… — Matrimonial and Divorce | Bombay HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw granted: the civil application (CAW No. 743/2025) was allowed and Writ Petition No. 2405 of 2019 was disposed of as withdrawn, subject to payment of costs of Rs. 5,000/- to M/s High Court Gazetted Officers Association, Nagpur within 15 days.

Issue for consideration

Whether the writ petition challenging the 2016 interim maintenance order should be permitted to be withdrawn in view of the parties' settlement of the dispute pending before the trial Court. +1 more

Court's answer

The civil application is allowed and the writ petition is disposed of as withdrawn, subject to costs of Rs.5,000/- (Rupees Five thousand only) to be paid within 15 days to M/s High Court Gazetted Officers Association, Nagpur.

Ratio / Principle

It was the petitioner's duty to apprise his counsel of the subsequent development (settlement of the dispute in 2022), which had a direct bearing on the present petition; his failure to do so was deprecable conduct.

Key takeaways

Having kept the petition pending for no valid reasons after the settlement, the petitioner is liable to pay costs for such conduct, even though the application seeking permission to withdraw the petition required favourable consideration.ratio¶4

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Anil L. Pansare, J.), 27.03.2025 — Civil Application (CAW) No. 743 of 2025 in Writ Petition No. 2405 of 2019 (neutral citation 2025:BHC-NAG:3268). The petitioner-husband had, since 2019, challenged the Civil Judge Senior Division, Amravati's order dated 17.03.2016 (below Exh. 23, H.M.P. No. 45/2014) granting his wife maintenance pendente lite of Rs. 5,000/- per month under Section 24 of the Hindu Marriage Act, 1955, but made no effort to circulate the petition after its listing on 27.03.2019. By order dated 06.03.2025 the High Court directed deposit of the entire arrears within ten working days, failing which the petition would stand dismissed with additional cost of Rs. 25,000/- for abusing the process of law, and sought the trial Court's report. Following that warning, the petitioner disclosed that the parties had in fact settled the dispute in 2022 and sought leave to withdraw the petition. The Court allowed withdrawal but deprecated the petitioner's concealment of the settlement from his counsel and the Court, held that it was his duty to apprise his counsel of developments directly bearing on the petition, found him liable to pay costs for keeping the petition pending without valid reason, and disposed of the writ petition as withdrawn subject to costs of Rs. 5,000/- payable within 15 days to M/s High Court Gazetted Officers Association, Nagpur.

2025:BHC-NAG:3268

1 902caw743.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAW) NO. 743 OF 2025 IN / AND

WRIT PETITION NO. 2405 OF 2019

ASHWIN S/o SHANKARRAO MAHALLE

VERSUS

RUPALI W/o ASHWIN MAHALLE

Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and

Registrar's order

Mr. M. V. Rai, Advocate for the petitioner

CORAM : ANIL L. PANSARE, J. DATE : MARCH 27, 2025.

Heard.

On 06.03.2025, the following order was passed in the

writ petition :

“The learned Counsel for the petitioner seeks adjournment on the ground that her senior is not available.

2] This petition was listed on 27/3/2019. Thereafter, it is listed today. No efforts were made by the petitioner to get the matter circulated/listed.

3] The petitioner – husband is challenging order dated 17/3/2016 passed below Exh. 23 by the Civil Judge Senior Division, Amravati, in H.M.P. No. 45/2014, thereby granting maintenance pendente lite to the tune of Rs.5,000/- per month under Section 24 of the Hindu Marriage Act, 1955. When enquired as to what is the status of the marriage petition, the learned Counsel submits that she is unaware of the status.

4] Thus, an order granting interim maintenance, which was passed in the year 2016, has been challenged in the year 2019, and thereafter, no efforts were made to get the petition circulated/listed. Ultimately, the Registry has listed it in the year 2025.

2 902caw743.25.odt

5] That being so, let the petitioner deposit entire arrears of maintenance, if not deposited, within ten working days from today, failing which the petition shall stand dismissed for non-compliance of order with additional cost of Rs.25,000/- for abusing process of law.

6] The Civil Judge Senior Division, Amravati, shall file report as to whether the petitioner has deposited the amount of maintenance and the arrears of maintenance, if any, and further the status of H.M.P. No. 45/2014. 7] List on 27/3/2025”

It appears that taking clue from the order, which carries tone of warning, the petitioner’s counsel has taken instructions from the petitioner and filed the present application (CAW No.743/25) seeking withdrawal of the petition, stating therein that the parties have settled the dispute pending before the trial Court and nothing survives in the petition.

It appears that the dispute has been settled in the year 2022. The petitioner has not apprised the said fact to his counsel and in turn to this Court. It is only when the petition was listed on 06.03.2025 and upon passing the aforesaid order, the petitioner now disclosed the true status of the marriage petition, which was pending before the trial Court. This conduct of the petitioner is deprecable because it was his duty to apprise his counsel as regards the subsequent development, which has direct bearing on the present petition. Having not done so and having kept the present petition pending for no valid reasons, the petitioner is liable to pay the costs for such conduct, though the application seeking permission to withdraw the petition requires favourable consideration.

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Accordingly, the civil application is allowed. The writ petition is disposed of as withdrawn, subject to costs of Rs.5,000/- (Rupees Five thousand only) to be paid within 15 days from today to M/s High Court Gazetted Officers Association, Nagpur. The civil application stands disposed of.

(Anil L. Pansare, J.)

Diwale

Signed by: DIWALE Designation: PS To Honourable Judge Date: 01/04/2025 12:48:00