Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 4062 (BOM)

ARUN BABURAOJI GAJBHIYE v. SAU. KADAMBINI ARUN GAJSABHIYE AND ONE

REVN/150/2025 · 2026-08-28

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31. CRI. REVN. 150 of 2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL REVISION APPLICATION NO.150/2025 Arun Baburaoji Gajbhiye ...Versus… Sau. Kadambini Arun Gajbhiye and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. M.P. Kariya, Advocate for applicant Mrs. Seema P. Dhotre, Advocate for respondent No.1 CORAM : MEHROZ K. PATHAN, J. DATE : 28/08/2026 1. Mr. Kariya, learned Counsel for the applicant submits that cheque for an amount of Rs.5,00,000/- is already honoured. Mrs. Dhotre, learned Counsel for the respondent/wife acknowledges the said fact. Another cheque of Rs.5,00,000/-, which will be deposited on 31/10/2026, is already handed over to the respondent/wife. The same is recorded in the order dated 20/08/2026. 2. The respondent/wife, who is present in the Court submits that now she has no grievance against the present applicant and the matter stands settled in one-time settlement. Insofar as the salary which was directed to be attached vide order dated 15/04/2026, passed by the learned Principal Judge, Family Court, Nagpur, it is informed that an amount of Rs.30,000/- towards first installment is already deducted from the salary of the present applicant and the remaining two installments are left to be deducted. 2026:BHC-NAG:11397 31. CRI. REVN. 150 of 2025.odt 2 3. Upon instructions, Mr. Kariya, learned Counsel for the applicant submits that out of remaining amount of Rs.59,000/-, amount of Rs.19,000/- can be permitted to be withdrawn by the respondent/wife and the remaining amount of Rs.40,000/- shall not be deducted from the salary account of the present applicant. The learned Counsel for the respondent/wife agrees for the same. 4. At this stage, Mr. Kariya, learned Counsel for the applicant/husband, who is also present in the Court, submits that instead of deductions, as per the attachment order dated 15/04/2026 from the salary account of the present applicant, the applicant is ready to handover amount of Rs.19,000/- in cash to the respondent/wife or through UPI transaction. 5. The respondent/wife, who is present in the Court, also agrees for the same and if such amount is paid, she has no objection for necessary modification in the order dated 15/04/2026 passed by the Family Court, Nagpur in Petition No.ER-360/2024. 6. Thus, taking into consideration the voluntary statement made by the learned Counsel for the applicant/husband and learned Counsel for the respondent/wife, the order dated 15/04/2026 passed by the learned Principal Judge, Family Court,, Nagpur for attachment of salary shall stand cancelled. Parties agree that this is a one- time settlement agreed between them and no claim hereinafter shall be filed either by respondent/wife or by the applicant/husband against each other. Taking into consideration the aforesaid settlement terms agreed to between the parties, I am inclined to pass the following order. 31. CRI. REVN. 150 of 2025.odt 3 O R D E R (i) The Criminal Revision Application is allowed. (ii) Judgment and order dated 04/05/2023 passed by the Principal Judge, Family Court, Nagpur in Petition No.E- 139/2015 is hereby quashed and set aside. (iii) It is, however, clarified that if any application is moved by the respondent/wife for modification of the decree for divorce granted by the Family Court, the applicant/husband shall cooperate with the said proceedings and assist the respondent/wife in modifying the decree from a divorce on cruelty to the decree for divorce by mutual consent. (iv) It is further clarified that the present order is subject to clearance of the cheque of Rs.5,00,000/- dated 31/10/2026 towards full and final settlement. (v) Failure on the part of the applicant/husband to honour the cheque or assist the wife in modifying the divorce decree, shall result in cancellation of the present order, upon proper application, if any, filed by the respondent/wife. (MEHROZ K. PATHAN, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: Senior Pvt. Secretary Date: 31/08/2026 18:18:59