Citation : 2017 Latest Caselaw 6712 Bom
Judgement Date : 1 September, 2017
jdk 1 3.fca.204.13.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
F.C.A. NO. 204 OF 2013
Mr. Manoj Bhikanrao Kharote .. Appellant
Vs.
Ms. Shital Manoj Kharote .. Respondent
....
Ms. Divya Parab i/b Mr. Rameshwar N. Gite Advocate for
Appellant
Mr. Namdeo Gore along with Mr. Amol Patil Advocate for
Respondent
....
CORAM : SMT.V.K.TAHILRAMANI AND
DR.SHALINI PHANSALKAR-JOSHI, JJ.
DATED : SEPTEMBER 01, 2017
ORAL JUDGMENT [PER SMT. V.K.THAILRAMANI, J.]:
1 Heard the learned counsel for the appellant - husband
and the learned counsel for the respondent - wife as well as the
appellant and the respondent who are present before the Court.
2 The appellant - husband has preferred this Family
Court Appeal against the order of the Family Court whereby his
petition for divorce on the ground of cruelty and desertion, was
dismissed by the Family Court.
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jdk 2 3.fca.204.13.doc
3 The learned counsel for both sides state that the
matter is amicably settled between the parties and the parties
have prepared consent terms. They have tendered the consent
terms which are taken on record and marked "X" for
identification.
4 The appellant and the respondent who are present in
person before the Court state that they have read the consent
terms and have knowingly and voluntarily signed the consent
terms. Pursuant to the consent terms, the petition of appellant
- husband for divorce on the ground of cruelty and desertion, is
converted into a petition for divorce by mutual consent and the
marriage between the parties is dissolved by mutual consent.
Undertakings given by both the parties in the consent terms are
accepted.
5 The respondent - wife states that she has already
received an amount of Rs.8 lakhs. The appellant has got a
Demand Draft of Rs.10 lakhs bearing No. 834500 dated
31.7.2017 drawn on State Bank of India, Satpur Industrial Area
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jdk 3 3.fca.204.13.doc
(Nasik) Branch towards full and final settlement of the claims of
maintenance of the Respondent - wife and her child. The
respondent - wife acknowledges the receipt of the said Demand
Draft.
6 This Family Court Appeal is disposed of in view of the
consent terms. Decree be drawn up accordingly.
[DR.SHALINI PHANSALKAR-JOSHI,J.] [ SMT.V.K.TAHILRAMANI, J. ]
kandarkar
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