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Bombay High Court

Vinod Gopaldas SoniversusMadhubala Vinod Soni

Decided
Disposal
Allowed

Holding

The court accepted the advocate‑given undertaking as a binding undertaking to the court and disposed of the miscellaneous civil application upon the applicant’s voluntary withdrawal.

Summary

The applicant, Vinod Gopaldas Soni, acknowledged an outstanding arrear of Rs.4,10,000 payable to the respondent, Madhubala Vinod Soni, and undertook to pay 50% within eight weeks and the balance within a further twelve weeks. The applicant’s counsel submitted this undertaking, which the court accepted as a formal undertaking to the court. The applicant also promised to continue paying monthly maintenance as ordered by the family court. In consideration of the undertaking and the applicant’s voluntary withdrawal of the miscellaneous civil application, the court ordered the expeditious hearing of the pending marriage petition before the Family Court at Pune. Consequently, the miscellaneous civil application was disposed of, and the order was directed to be acted upon by all concerned.

Issues considered

  • Whether an undertaking given by an advocate on behalf of the applicant can be accepted as a binding undertaking to the court
  • Whether a miscellaneous civil application may be disposed of upon the applicant's voluntary withdrawal and acceptance of a payment undertaking

Subjects

  • undertaking
  • maintenance
  • family law
  • marriage petition
  • civil procedure
  • withdrawal of application

Judgment

                     KVM
                                                          1/2
                                                                            39 - MCA 228 OF 2026.doc



        Digitally
        signed by
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        KANCHAN
KANCHAN VINOD
VINOD   MAYEKAR
MAYEKAR Date:
        2026.07.30
        14:14:58
        +0530                              CIVIL APPELLATE JURISDICTION

                                MISCELLANEOUS CIVIL APPLICATION NO. 228/2026

                     VINOD GOPALDAS SONI                            ….. APPLICANT

                               VS

                     MADHUBALA VINOD SONI                           ….. RESPONDENT

                     Adv. Rama Somani i/b. Pritesh Burad Associates for the Applicant.

                     Adv. Shraddha Pawar for the Respondent.

                                                        CORAM : RAJESH S. PATIL, J.

                                                        DATE     : 27 JULY, 2026

                     P.C. :-

                     1)               Learned counsel appearing for the applicant submits that

                     the outstanding arrears as of date payable by the applicant to the

                     respondent is Rs.4,10,000/-.

                     2)               On instructions from her client, she submits that 50% of

                     the outstanding amount i.e. Rs.2,05,000/- would be cleared and paid

                     to the respondent within 8 weeks from today.           The balance 50%

                     amount would be paid within further period of 12 weeks after the first

                     8 weeks is over. In short, the entire amount would be cleared within

                     20 weeks from today.
KVM
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                                                      39 - MCA 228 OF 2026.doc


3)          Undertaking given by the applicant through his advocate

is accepted as an undertaking given to this Court.

4)          So also, the applicant would diligently pay the monthly

maintenance amount as fixed by the D.V. Court.

5)          In view of the undertaking given by the applicant and the

fact that he is voluntarily withdrawing the miscellaneous civil

application, the hearing of the Marriage Petition pending before the

Family Court at Pune is hereby expedited.

6)          The   present   miscellaneous    civil   application     stands

disposed of accordingly.

7)          All concerned to act on the authenticated copy of this

order.

                                            [RAJESH S. PATIL, J.]


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