Citation : 2017 Latest Caselaw 1362 Bom
Judgement Date : 31 March, 2017
3103FCA195.14-Judgment 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FAMILY COURT APPEAL NO. 195 OF 2014
AND
CIVIL APPLICATION (O) NO. 446 OF 2017
APPELLANT :- Papiya @ Simran W/o Bikramjeet Singh
(On.R.A.) Auluck, Aged about 38 yrs., Occu. Service,
R/o: C/o Mrs.Anjali Bhattacharjee, 7/73/6,
Type II Quarters, O.F. Ambazari, Defense
Estate, Nagpur-21.
...VERSUS...
RESPONDENT :- Bikramjeet Singh S/o Karnail Singh Auluck
(On.R.A.) Aged about 40 yrs., Occ: Service, R/o: 46,
New Prgatisheel Apartments, Vasundhara
Enclave, DELHI-96.
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Mrs. R.S.Sirpurkar, counsel for the appellant.
Mr. B. D. Pandit, counsel for the respondent.
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CORAM : SMT. VASANTI A NAIK &
MRS.SWAPNA JOSHI
, JJ.
DATED : 31.03.2017
O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)
By this family court appeal, the appellant-wife had challenged
the judgment of the Family Court, rejecting the prayer made by the
appellant-wife for grant of a decree of divorce on the ground of cruelty.
During the pendency of the family court appeal, the parties had
agreed to appear before the mediator to explore the possibility of an
3103FCA195.14-Judgment 2/2
amicable settlement. The parties appeared before the mediator and the
mediation was successful. The parties entered into an agreement dated
30/03/2017. The agreement was reduced into writing on the said date
and the agreement was signed by the parties as well as their counsel in
the presence of the mediator, who had also signed the agreement.
The parties are personally present in the court today. The
parties state that they are ad idem on the terms mentioned in the
agreement dated 30/03/2017. They state that the marriage solemnized
between them on 09/02/2001 should be dissolved by a decree of
divorce by mutual consent.
We have perused the terms of the agreement dated
30/03/2017 which is a part of the record. The terms are just and
reasonable. Hence, the marriage solemnized between the parties on
09/02/2001 stands dissolved by a decree of divorce by mutual consent
under section 13(B) of the Hindu Marriage Act. The family court appeal
and the civil application are disposed of with no order as to costs. A
decree be drawn accordingly.
JUDGE JUDGE KHUNTE
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