Shri. Pankaj S/O Tamradhwaj ... vs Smt. Pornima W/O Pankaj Gajbhiye
2021 Latest Caselaw 16565 Bom

                                                                                4.fca.63.2018.odt
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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                        FAMILY COURT APPEAL NO. 63 OF 2018
                           Pankaj S/o. Tamradhwaj Gajbhiye
                                      ...Versus...
                          Smt Pornima W/o. Pankaj Gajbhiye
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.
                            Mr P. S. Wathore, Advocate for appellant
                            Mr H. I. Kothari, Advocate for respondent.

                            CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ.
                            DATE : 30th November 2021


                                         Heard.


                       2]                In this appeal, the parties have filed the
                       consent terms . The consent terms are marked as Article
                       'A'. The Family Court, Nagpur vide common Judgment
                       and decree dated 19.03.2018 allowed the petition filed
                       by the wife for restitution of conjugal rights and
                       dismissed the petition filed by the husband for divorce.
                       This appeal has been filed by the husband against the
                       decree rejecting the prayer for divorce.


                       3]                In view of the settlement arrived at between
                       the appellant and respondent, they have filed consent




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                                                                     4.fca.63.2018.odt
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             terms. It is stated in the consent terms that now the
             parties have decided to dissolve their marriage by
             mutual consent.              The necessary facts have been
             mentioned in the consent terms.


             4]                Both the parties are present in the Court. Both
             parties have signed the consent terms. On our inquiry,
             they confirmed the contents of the consent terms. In
             view of this, we are satisfied that the settlement arrived
             at between the parties is for their advantage.


             5]                As agreed in the consent terms, the husband
             has handed over demand draft of Rs.7,50,000/- to the
             wife. The wife has admitted the receipt of the demand
             draft. In view of the settlement arrived at between the
             parties, the decree as prayed for by the consent terms
             deserves to be granted. Hence, the following order.
                                             ORDER

i] The consent terms are accepted.

ii] The marriage which was solemnized on 30.11.2012 between the appellant and respondent stands dissolved by the decree of divorce by mutual consent under Section 13-

4.fca.63.2018.odt

B(1) of the Hindu Marriage Act, 1955.

iii] Decree be drawn up in accordance with the consent terms.

iv] The common judgment of the Family Court dated 19.03.2018 in Petition Nos. A-606 of 2015 and A-638 of 2015 is set aside.

v] The Family Court Appeal is allowed in the aforesaid terms with no order as to costs.

                                            JUDGE                               JUDGE




Namrata