Sau. Chabu W/O Vasant Rewatkar vs Vasantrao S/O Baburao Rewatkar
2017 Latest Caselaw 1585 Bom

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.

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