Satish S/O Jagatnarayan Tiwari vs Pooja W/O Satish Tiwari — Bombay HC (2025) — LawSathi Research

Satish S/O Jagatnarayan Tiwari vs Pooja W/O Satish Tiwari — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition partly allowed: order dated 11.12.2023 of the Principal Judge, Family Court, Nagpur dismissing the husband's petition set aside; consequentially, order dated 13.02.2024 in Review Application No. 105/2023 also set aside; Family Court, Nagpur to decide the proceeding within one month; parties directed to appear before the Family Court, Nagpur on 17.11.2025.

Issue for consideration

Whether the order dated 11.12.2023 dismissing the husband's petition under Order 39 Rule 11 of the Civil Procedure Code, 1908 for non-compliance with the order below Exh. 66 was liable to be set aside once the entire arrears had been paid. +1 more

Court's answer

Since the entire arrears have already been paid to the wife (a fact accepted and admitted by counsel for the respondent), there is compliance with the order passed below Exh. 66.

Ratio / Principle

The order dated 11.12.2023 passed by the Principal Judge, Family Court, Nagpur is liable to be set aside and is accordingly set aside.

Key takeaways

Consequently, the order dated 13.02.2024 passed by the Principal Judge, Family Court, Nagpur in Review Application No. 105/2023 is also set aside.ratio¶5
The Principal Judge, Family Court, Nagpur is directed to decide the proceeding within a period of one month.ratio¶5
Counsel for the petitioner undertook that he will pay as per the order passed by the Family Court, Nagpur (recorded as part of the operative directions; not a determination of law).¶6

Detailed headnote1 paragraphs

Speaking-to-minutes (corrected) order, Single Judge (Siddheshwar S. Thombre, J.), Bombay High Court, Nagpur Bench. The husband's pending petition before the Principal Judge, Family Court, Nagpur had been dismissed on 11.12.2023 under Order 39 Rule 11 of the Civil Procedure Code, 1908 for non-compliance with the order dated 6.11.2023 passed below Exh. 66, which specifically required him to clear the entire arrears; a review (Review Application No. 105/2023) had resulted in the order dated 13.02.2024. In the writ petition, counsel for the petitioner contended that the entire arrears had already been paid to the wife, and counsel for the respondent (wife) accepted the statement and admitted that the entire arrears had been paid. Holding that this amounted to compliance with the Exh. 66 order, the Court set aside the order dated 11.12.2023 and, consequently, the order dated 13.02.2024; directed the Principal Judge, Family Court, Nagpur to decide the proceeding within one month; fixed the parties' appearance before the Family Court, Nagpur on 17.11.2025; and recorded the petitioner-counsel's undertaking to pay as per the Family Court's order. Petition partly allowed. No monetary quantum of the arrears is stated in the order.

2025:BHC-NAG:11146 This Order is Speaking to Minutes order of order dated // Corrected order 1.WP.1302.24.odt

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

WRIT PETITION NO. 1302 OF 2024

[Satish S/o Jagatnarayan Tiwari Vs. Smt. Pooja W/o Satish Tiwari]

Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms. Radha M. Mishra, Advocate for the petitioner. Mr. A. D. Patil, Advocate for the respondent.

CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 15/10/2025.

Heard learned counsel for the petitioner as well as Counsel for the respondent.

The learned Counsel for the petitioner invited my attention to the order dated 11^th December 2023 passed by the Principal Judge, Family Court, Nagpur, whereby the petition filed by the husband was dismissed under Order 39 Rule 11 of Civil Procedure Code, 1908, on account of non-compliance with the order dated 6^th November 2023 passed below Exh. 66.

I have gone through the order passed below Exh. 66, wherein it was specifically ordered that petitioner to clear entire arrears. Since the petitioner failed to clear the arrears, the learned Principal Judge of the Family Court, Nagpur has dismissed the petition. Now the learned counsel for petitioner contend that the entire arrears have already been paid to the wife. The learned counsel for the respondent (wife) has accepted the said statement and admitted that the entire arrears have already been paid.

In view thereof, it is clear that there is compliance with the order passed below Exh. 66. Thus, the order dated

This Order is Speaking to Minutes order of order dated //

Corrected order 1.WP.1302.24.odt

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11.12.2023 passed by the Principal Judge, Family Court, Nagpur is liable to be set aside, and it is accordingly set aside. In view thereof, the petition partly allowed.

Consequently, the order dated 13.02.2024 passed by the learned Principal Judge, Family Court, Nagpur in the review application No. 105/2023 is also set aside. The learned Principal Judge, Family Court, Nagpur to decide the proceeding within a period of one month.

The Counsel for the petitioner undertakes that he will pay as per the order passed by the Family Court, Nagpur.

Corrected as per 7. Parties are directed to appear before the Family Court, Court’s order dated 12.11.2025 Nagpur on 17.11.2025.

(Siddheshwar S. Thombre, J)

Shubham