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Lekhraj Chunilal Jaisingh Vs. Komal @ Anita & Ors.

Judgement

 

Court: Bombay High Court

Bench: JUSTICE V.P. Tipnis

Lekhraj Chunilal Jaisingh Vs. Komal @ Anita & Ors. On 4 March 1994

Law Point:
Secs. 482, 125 — Quashing Proceedings — Maintenance proceedings — Husband directed lo deposited 75,000/ — Full and final settlement — Whether proceedings liable to be quashed ? — (Yes).

 

 

JUDGEMENT

 

By consent of the parties, taken up on board for final hearing.

Heard parties.

1. This is hopefully the last of the proceedings between the petitioner-husband and the respondent-wife. The parties unfortunately have been litigating right from 1983. There have been proceedings in the Court at Bangalore for divorce by mutual consent. Thereafter, there have been proceedings in the Court at Bangalore taken out by the husband for divorce on the ground of cruelty which petition has been ultimately allowed. It appears that there have been efforts of compromise and, in fact, certain agreement was reached. However, there were certain disputes. Ultimately, respondent No. 1 wife filed an application on 4th August, 1992 in the Court of Judicial Magistrate, First Class, Ulhasnagar, for maintenance. No order of interim maintenance was passed. The petitioner-husband has filed this petition for quashing the proceedings of maintenance filed before the learned J.M.F.C., Ulhasnagar, under the provisions of Section 125 Cr.P.C.

2. It appears that notice before admission was given and ultimately the petition was admitted by this Court. It was further directed that the petitioner should deposit Rs. 75,000/- in this Court. It is an admitted position that accordingly an amount of Rs. 75,000/- has been deposited by the petitioner-husband on 21st April, 1993. The matter has been coming up before different Courts and, ultimately, the matter has come up before me for orders.

3. Today, when the matter was called out, Mr. Agrawal, learned Counsel appearing for the petitioner-husband, and Mr. Angal, learned Counsel appearing for respondent No. 1-wife, requested that the matter be taken up on board inasmuch as the parties have finally settled their disputes. As stated earlier, admittedly, there has already been a decree for divorce which the parties have accepted. Both the learned Counsel stated that it is an agreed position between the parties that the amount of Rs. 75,000/- deposited in this Court by the petitioner-husband be paid over to respondent No, 1-wife by way of full and final settlement of all her claims towards maintenance against the petitioner-husband. If that amount is paid over to respondent No. 1-wife. Mr. Angal, learned Counsel appearing for respondent no. 1 wife, states that the proceedings under Section 125 Cr.P.C. commenced at her instance before the learned J.M.F.C., Ulhasnagar, should be terminated.

4. In view of the aforesaid, it is directed that by consent of the parties, the amount of Rs. 75,000/- deposited by the petitioner-husband in this Court be paid over to respondent No. 1 wife Mrs. Komal @ Anita Jaisingh by way of full and final settlement of all her claims towards maintenance against the petitioner-husband. It is further directed that by consent, the proceedings of Misc. Application No. 55 of 1992 pending before the learned J.M.F.C., Ulhasnagar, are quashed and set aside and the application for maintenance stands dismissed.

5. The rule is made absolute in the aforesaid terms, by consent. There shall be no order as to costs.

Certified copy be supplied forthwith.

Petition allowed.

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