Bombay High Court

MR. AMARJEET TUKARAM KADAMversusMRS. SAVITA AMRJEET KADAM

Disposal: Disposed Off

Holding

The appeal is dismissed as infructuous because the parties have settled the dispute and a final decree has been issued in the original petition.

Summary

The appellant, Mr. Amarjeet Tukaram Kadam, filed an appeal before the Bombay High Court, Kolhapur Circuit Bench, challenging a decree passed by the Family Court, Solapur, on 6 February 2024 in Marriage Petition No. A‑220‑2022. The respondent, Mrs. Savita Amrjeet Kadam, contended that the dispute between the parties had been mutually settled and that the earlier judgment rendered the present appeal infructuous. The appellant’s counsel, Ms. Gayatri Kulkarni, indicated that the appellant was residing outside India and could not make any further submissions. The court examined the order dated 6 February 2024 and considered the parties’ settlement. It held that, in view of the settlement and the final decree, there was no remaining cause of action for the appeal. Consequently, the appeal was disposed of as infructuous.

Issues considered

Whether the appeal is maintainable after the parties have reached a mutual settlement and a decree has been passed in the original marriage petition.

Subjects

Family Law
Marriage Petition
Settlement
Appeal Dismissed
Infructuous Appeal
Civil Procedure

Judgment

                                                   8-FCA-41-2018-(C).doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
                 CIVIL APPELLATE JURISDICTION

               FAMILY COURT APPEAL NO. 41 OF 2018

Mr. Amarjeet Tukaram Kadam                 … Appellant
            V/s.
Mrs. Savita Amrjeet Kadam                  … Respondent

               ________________________
Ms. Gayatri Kulkarni h/f. Vrushali Maindad, Advocate
for Appellant.
Mr. Amol Amarnath K. a/w. Mr. Anand S. Kulkarni
(Though VC), Advocate for respondent.
               _________________________

                            CORAM      : RAJESH S. PATIL &
                                         ABHAY J. MANTRI, JJ.


                            DATED      : SEPTEMBER 23, 2026
P.C.:


1.      Mr. Anand Kulkarni, appearing on behalf of the respondent-

wife, submits that the dispute between the parties has been

mutually settled and judgment to that effect has been passed on 6

February 2024 before the Family Court, Solapur. Therefore, the

present FCA has now become infructuous.


2.      A copy of the order dated 6 February 2024 passed in

Marriage Petition No. A-220-2022 is taken on record.



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                                                    8-FCA-41-2018-(C).doc


3.    Ms.Gayatri Kulkarni, holding for Advocate Vrushali Maindad,

learned counsel for Appellant submits that the appellant is staying

out of India and, hence, she is not able to make any positive

statement in the present proceedings.


4.    After having heard the learned counsel for both the sides and

considering the order dated 6 February 2024 passed in Marriage

Petition No. A-220-2022, the present appeal stands disposed of as

infructuous.




(ABHAY J. MANTRI, J.)                        (RAJESH S. PATIL, J.)




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