Smt. Poonam W/O Bhupesh Dahat vs Dr. Bhupesh S/O Mohanrao Dahat
2021 Latest Caselaw 15682 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR
                        FAMILY COURT APPEAL NO. 15/2020
           (POONAM BHUPESH DAHAT VERSUS BHUPESH MOHANRAO DAHAT)

Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                 Court's or Judge's order
and Registrar's orders.
        Shri P.A. Abhyankar, counsel for the appellant.
        Shri V.D. Awchat, counsel for the respondent.

        CORAM : A. S. CHANDURKAR AND G.A. SANAP, JJ.

DATED : 29TH OCTOBER, 2021.

Civil Application (O) No.701 of 2021 has been moved jointly by the parties. It is prayed that the settlement as arrived at between them during the course of mediation be accepted.

The appellant and the respondent were married on 25.12.2007. In view of disputes between them, they started residing separately. The respondent herein approached the Family Court by filing Petition No.A604 of 2017 seeking a decree for restitution of conjugal rights. The Family Court by its judgment dated 27.08.2019 allowed that petition and directed restitution of conjugal rights. The wife has thus preferred the instant appeal challenging that judgment.

During pendency of the proceedings the parties were referred for mediation and pursuant to the same on 13.10.2021 the parties have mutually agreed on certain terms and conditions on fulfillment of which they have agreed to separate by a decree of divorce by mutual consent.

We have perused the terms of settlement which are found to be reasonable. The said terms are signed by both the parties who are present in the Court today and they admit to the contents of the same. Additionally, the Demand Draft for an amount of Rs.8,00,000/- (Rupees Eight Lakhs) has been paid by the respondent to the appellant. In view of the aforesaid terms and conditions, the Family Court Appeal is disposed of by setting the judgment of the Family Court in Petition No.A-604 of 2017 dated 27.08.2019. Instead a decree of divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 is passed. The mutual terms and conditions as agreed and signed on 13.10.2021 shall be binding on both the parties.

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       The proceedings are disposed of. No costs.




           (G.A. SANAP, J.)                   (A. S. CHANDURKAR, J.)
APTE




                                                           Signed By: Digitally signed
                                                           byROHIT DATTATRAYA
                                                           APTE
                                                           Signing Date:29.10.2021 18:10