1 wp6378-06.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 6378 of 2006 Kamal Biharilal Wadhwa ..Petitioner v/s. Roshni Biharilal Wadhwa ..Respondent with Writ Petition No. 8101 of 2006 Roshni Biharilal Wadhwa ..Petitioner V/s. Kamal Biharilal Wadhwa ..Respondent Mr. Shashi Nair for the petitioner in WP 6378 of 2006 & respondent in WP.No.8101 of 2006 Mr.Sharan Jagtiani with Mr. Vijay B. Dhingreja for the respondent in WP 6378 of 2006 and Petitioner in W.P.No.8101 of 2006 CORAM : R.Y.GANOO, J. DATED : 4th May, 2011 P.C. : 1. Mr.Kamal B. Wadhwa had filed M.J.Petition No.A-758 of 2003 for 2 wp6378-06.sxw divorce in the Family Court at Mumbai. In the said petition for divorce Mrs. Roshni @ Sapna Wadhwa had filed interim application No.131 of 2003 for interim maintenance being application dated 23.6.2003. Said application was decided by the learned Judge of the Family Court at Mumbai by Order dated 23.6.2006 and Mr. Kamal was directed to pay sum of Rs.20,000/- to Mrs.Roshni @ Sapna and a sum of Rs.10,000/- to Master Aryan as and by way of maintenance from the date of application till disposal of the main divorce petition. The main divorce petition was withdrawn on 21.6.2008. 2. Mrs.Roshni @ Sapna filed Writ Petition No.8101 of 2006 and prayed that the amount of maintenance be increased and she prayed for a flat. Mr. Kamal filed Writ Petition No.6378 of 2006 praying for setting aside order dated 23.6.2006. The court is informed that after the petitions were admitted and posted for hearing, Mr. Kamal has paid to Mrs. Roshni @ Sapna sum of Rs.11.5 lakhs. As of today the petitions are pending. 3. I had completed the final hearing of these two petitions on 29.4.2011 and these two petitions were posted today for orders. As the matter 3 wp6378-06.sxw was called out, learned Counsels on both sides submitted that parties have settled the dispute raised in the two respective petitions and they are desirous of filing consent terms. 4. Learned Counsel on both sides have tendered mintues of Order dated today i.e. 4th May, 2011, filed in these two petitions. Mr. Kamal Wadhwa and Mrs. Roshni @ Sapna Wadhwa are present in the Court. Minutes of order duly signed by Kamal Wadhwa and Roshni @ Sapna Wadhwa and their respective advocates are tendered in the court. Minutes of Order are shown to Mr. Kamal Wadhwa and Mrs. Roshni @ Sapna Wadhwa. They admit their respective signatures and state that they have signed the consent terms after accepting the contents therein. Learned Counsels on both sides pray for order so as to dispose of the aforesaid two petitions. 5. Minutes of Order dated 4.5.2011 mentioned above are taken on record and marked “X” for identification. 6. There shall be order in terms of Minutes of Order dated 4.5.2011 which are taken on record as above . 4 wp6378-06.sxw 7. Accordingly, Writ Petition No.6378 of 2006 and Writ Petition No. 8101 of 2006 stand disposed of in terms of Minutes of Order dated 4.5.2011. There shall be no order as to costs. 8. The statement made by Mr. Kamal Wadhwa that he shall pay the sum of Rs.2,00,000/- to Mrs. Roshni @ Sapna Wadhwa is noted. 9. In view of the aforesaid order disposing of the petitions and in view of the terms arrived at between the parties, recovery applications filed by Mrs. Roshni @ Sapna Wadhwa and the Revision Application filed by Mr. Kamal Wadhwa stand disposed of with no order as to costs, as they have become infructuous. 10.Learned Counsels on both sides inform the Court that Mrs. Roshni @ Sapna Wadhwa has filed application for maintenance bearing No.C-168 of 2008 under the provisions of Hindu Adoption and Maintenance Act on 15.11.2008. It is clarified that this Order passed in Writ Petition No.6378 of 2006 and Writ Petition No.8101 of 2006 has nothing to do with the merits of the said proceeding No.C-168 of 5 wp6378-06.sxw 2008. Needless to mention that learned Judge of the Family Court at Mumbai shall hear and dispose of the said petition on its own merits. This court has not expressed any views on the merits of the said proceedings. [R.Y.GANOO, J.]