IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

Digitally

signed by WRIT PETITION NO.19157 OF 2024

ARJUN

ARJUN VITTHAL

VITTHAL KUDHEKAR

Prajakta Siddhesh Paralkar …Petitioner

KUDHEKAR Date:

2025.09.20

21:34:36 Versus

+0530

Siddhesh Paralkar …Respondent

Mr. Abhijeet Sarvate, for the Petitioner.

Mr. P. D. Prasad Rao (through Video Conferencing) a/w. Ms. Devika

Purav, for the Respondent.

Ms. Seema Sarnaik, Senior Advocate a/w. Ms. Preeti Walimbe.

CORAM: MADHAV J. JAMDAR, J.

DATED : 16^th SEPTEMBER 2025

PC:

1. Mr. Abhijeet Sarvate, learned Counsel appears for the Petitioner and Mr. P. D. Prasad Rao, learned Counsel along with Ms. Devika Purav appears for the Respondent, who have now

instructions to appear for the Respondent.

2. In this Writ Petition, the Petitioner-Wife has challenged the order dated 7^th November 2024 passed by the learned Judge, Family Court No.9, Pune below Exhibit-96 in P. A. No.363 of 2020. In the said application bearing Exhibit-96 inter alia the Petitioner has sought the relief that one half of the sale-consideration of subject flat, after deduction of the loan amount, be directed to be

deposited in the Court. The said application has been dismissed by the impugned Order dated 7^th November 2024.

3. It is necessary to set out certain factual aspects :-

i. By Order dated 5^th September 2020 passed by the learned Judge, Family Court No.4, Pune below Exhibit-5 in Petition A No.363 of 2020 inter alia the relief sought of temporary injunction is rejected. The relief sought in the said Exhibit-5 application is that by temporary injunction, the Respondent be directed not to sell the subject flat. The learned Trial Court while dismissing the said application has taken into consideration the statement made by the Respondent-Husband that the Respondent-Husband is ready to share half of the consideration with the Petitioner after clearing loan and also he is ready to bear the expenses of the child.

ii. It is an admitted position that the Respondent-Husband has received an amount of Rs.1,70,00,000/- as consideration towards the sale of said flat and the loan was about Rs.8,00,000/-. Accordingly, 50% share of the Petitioner-Wife comes to about Rs.81,00,000/-. However, the said amount has not been paid or deposited in the Court and therefore, this Court has passed the following order on 23^rd April 2025:

“1. Heard learned Counsel appearing for the parties.

2. Learned Counsel appearing for the Petitioner pointed out the Order dated 5th September 2020 passed by the learned Judge, Family Court No.4, Pune below Exhibit - 5 in P. A No.363 of 2020, by which the Application for temporary injunction filed by the Petitioner - wife is rejected.

3. It is significant to note that the said Order is passed on the basis of statement made by the Respondent that the Respondent is willing to share half of the consideration of the suit flat after the payment of loan. The said statements are recorded in Paragraph No.6 and Paragraph No.12 of said Order dated 5th September 2020. The relevant portion of said Paragraph Nos.6 and 12 are reproduced herein below for ready reference :

“6. ...The respondent is willing to share half of the consideration for the suit flat, after disposing of the loan and is ready to bear the expenses of the child.

12. There is nothing to show that the petitioner would be suffering from an irreparable loss, as the respondent had given an offer across the bar, that in case the property is sold, he would share half of the consideration with her deducting the loan amount as permanent alimony or as an amount of permanent settlement....”

4. Learned Counsel appearing for the Respondent submitted that the loan is of Rs.8,00,000/-.

5. It is an admitted position that total consideration of the said flat was Rs.1,70,00,000/- and entire consideration has been received by the Respondent. 6. The only contention raised by the learned Counsel appearing for the Respondent is that the said amount is to be paid as permanent alimony. However, it is r