Bombay High Court
Vinod Gopaldas SoniversusMadhubala Vinod Soni
- Decided
- Disposal
- Allowed
- Bench
- RAJESH S PATIL
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
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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.
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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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