wp3599.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.3599/2011 Roshani W/o Dheeraj Chaware -vs- Family Court No.3, Nagpur and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri S. P. Raghute, counsel for the petitioner. Shri S. J. Khandalkar, counsel for the respondent No.2. CORAM : SMT. VASANTI A. NAIK, J. DATE : 15.09.2011. By this petition, the petitioner impugns the order passed by the Family Court on 13/06/2011 dismissing an application filed by the petitioner for a direction to the respondent No.2 to pay the balance amount of Rupees Twenty Five Thousand in lieu of gold ornaments to the petitioner without imposing any conditions on the petitioner. It is necessary to note that the parties had agreed to dissolve the marriage on terms and conditions mentioned in the agreement dated 10/05/2011 which was executed in the Family Court. In view of these terms and conditions, the respondent No.2 had agreed to pay a sum of Rupees Fourty Thousand towards the ornaments and a sum of Rupees Fifteen Thousand was already paid to the petitioner on 10/05/2011 in the presence of the counsellor. In terms of the agreement, the petitioner had also promised to withdraw all the cases filed by wp3599.11.odt 2/2 the petitioner against the respondent No.2. It appears that the petitioner had, however, not withdrawn the cases and had also not moved the criminal Court for informing that the petitioner is desirous of withdrawing the allegations levelled against the respondent No.2. In this background, the respondent No.2 had declined to deposit the amount of Rupees Twenty Five Thousand which is payable to the petitioner. Since the petitioner was not desirous of fulfilling a part of the agreement and was praying for a direction to the respondent No.2 to perform his part of making payment of balance amount, the Family Court rightly held that the petitioner was not desirous of abiding by the consent terms after accepting a part of the amount which was paid by the respondent No.2 to the petitioner. In the facts and circumstances of the case, it cannot be said that the Family Court had committed any error in rejecting the application filed by the petitioner at that juncture as the respondent No.2 was willing to pay the balance amount of Rupees Twenty Five Thousand to the petitioner as soon as the matter filed against the respondent No.2 under Section 498A of the Indian Penal Code was disposed of. For the reasons aforesaid, the writ petition is dismissed with no order as to costs. JUDGE KHUNTE