Sau. Chabu W/O Vasant Rewatkar vs Vasantrao S/O Baburao Rewatkar

Citation : 2017 Latest Caselaw 1585 Bom
Judgement Date : 10 April, 2017

Bombay High Court
Sau. Chabu W/O Vasant Rewatkar vs Vasantrao S/O Baburao Rewatkar on 10 April, 2017
Bench: V.A. Naik
FCA  12/16                                                     1                             Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR.

                      FAMILY COURT APPEAL No. 12/2016

Sau.Chabu W/o Vasant Rewatkar,
Aged about 57 years, Occ. Household,
Resident of Plot No.289, Nandanvan
Layout, Nagpur -09.                                                                        APPELLANT

                                           .....VERSUS.....

Vasantrao S/o Baburao Rewatkar,
Aged about 64 years, Occ. Retired,
Resident of C/o Sanjay Belkhode,
Plot No.42, Ambanagar, Manewada
Besa Road, Nagpur -27.                                                                 RESPONDENT


                         Shri P.V. Dandavate, counsel for the appellant.
                         Shri H.N. Bhondge, counsel for the respondent.



                                             CORAM :SMT.VASANTI  A  NAIK AND
                                                         MRS. SWAPNA  JOSHI, JJ.    

DATE : 10 TH APRIL, 2017.

ORAL JUDGMENT (PER : SMT.VASANTI A NAIK, J.) The learned counsel for the parties have tendered a compromise pursis in the Court, today. The same is accepted on record.

2. It is stated in the compromise pursis that though a divorce decree was passed on a petition filed by the respondent-Husband, the parties have decided to reside together and they have settled the dispute between them. The compromise pursis is signed by the parties and also by their respective counsel. The parties are personally present in the Court, today. The learned counsel for the parties have identified the parties. ::: Uploaded on - 11/04/2017 ::: Downloaded on - 12/04/2017 01:03:01 :::

FCA 12/16 2 Judgment The parties state that they are ad-idem on the terms mentioned in the compromise pursis. They state that though a decree of divorce was passed in favour of the respondent-Husband, they have started residing together and the decree of the Family Court may be modified accordingly.

3. In the interest of justice and in view of the statements made by the parties as also the terms mentioned in the compromise pursis, the family court appeal is disposed of by observing that the divorce decree passed in favour of the respondent-Husband shall not be acted upon. The divorce decree would not survive as the parties have started residing together in the matrimonial home.

4. Hence, we dispose of the family court appeal in terms of the statements made in the compromise pursis. A decree be drawn accordingly.

              JUDGE                                           JUDGE

APTE




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