Bombay High Court
Prakash S/O Bhagwan Bokde vs Smt. Rajani W/O Prakash Bokde on 14 July, 2017
Bench: V.A. Naik
fca17.15.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FAMILY COURT APPEAL NO.17/2015
APPELLANT: Prakash s/o Bhagwan Bokde
Age 44 years, Occ. Govt. Service,
R/o C/o Shri Pramod Lanjewar,
Plot No.50, New Mahatma Gandhi
Nagar, Hudkeshwar Road, Nagpur.
...VERSUS...
RESPONDENT: Smt. Rajani w/o Prakash Bokde,
Aged about 37 years, Occ. Household,
R/o Plot No.78, Pathrabe Wadi,
Kanji House Chowk, New Mangalwari,
Behind Sunil Hardware, Nagpur - 17.
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Shri M.J. Khan, Counsel for the appellant
Mrs. S.M. Bowse, Counsel for the respondent
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CORAM : SMT. VASANTI A NAIK AND
ARUN D. UPADHYE, JJ.
DATE : 14.07.2017
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
The learned Counsel for the parties had tendered a
compromise pursis in the Court on 13.7.2017. The same was accepted on
record and marked as Exhibit-Z. Since the parties have decided to dissolve
the marriage solemnized between them on 10.5.1998 on the terms and
conditions in the compromise pursis at Exhibit-Z, in pursuance of the
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agreement in Clause (ii) of the compromise pursis, we have permitted the
appellant - husband to deposit a sum of Rs.2,50,000/- in the Court on
14.7.2017, i.e. today by a Demand Draft. A sum of Rs.2,50,000/- is
deposited by the appellant-husband in the Court by a Demand Draft vide
Stamp No.8215/2017. It is stated in the compromise pursis that two more
Demand Drafts of Rs.2,50,000/- each would be deposited by the
appellant-husband in this Court and as soon as the respondent - wife
vacates the residential house of the appellant-husband, the outer limit
being one month, she could withdraw the amount.
The respondent - wife has agreed that she will not claim
monthly maintenance of Rs.3,000/- and/or any other amount from the
appellant-husband towards her maintenance, in future. The appellant-
husband has agreed to spend for the marriage of his daughter Ku. Riya.
Certain other terms and conditions on which the parties have agreed are
also mentioned in the compromise pursis at Exhibit -Z.
The parties are personally present in the Court today. They
state that they are ad idem on the terms and conditions mentioned in the
compromise pursis and the marriage solemnized between them on
10.5.1998 may be dissolved by a decree of divorce by consent on the
terms mentioned in the compromise pursis at Exhibit-Z. On a query made
by this Court, the parties have stated that they are ad idem on the terms
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and conditions mentioned in the compromise pursis at Exhibit-Z. After the
appellant-husband is satisfied that the respondent - wife has vacated the
residential house, the respondent - wife is permitted to withdraw the
amount of Rs.7,50,000/- that would be deposited by the appellant-
husband in the Court in terms of the compromise pursis.
Since the parties have agreed to dissolve the marriage in
terms of the compromise pursis at Exhibit -Z and since we find that the
terms mentioned in Exhibit-Z are just and reasonable, the marriage
solemnized between the parties on 10.5.1998 is dissolved by a decree of
divorce by consent on the terms mentioned in the compromise pursis at
Exhibit-Z. The family court appeal stands disposed of.
A decree be drawn accordingly.
JUDGE JUDGE
Wadkar
