Bombay High Court
Rajendra Ganu Bhoir vs Rupali Rajendra Bhoir(Nee Ms. ... on 2 December, 2022
Bench: Madhav J. Jamdar
904-SA-415-2019.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally CIVIL APPELLATE JURISDICTION
signed by
ARJUN
ARJUN VITTHAL
VITTHAL KUDHEKAR
KUDHEKAR Date: SECOND APPEAL NO.415 OF 2019
2022.12.03
16:58:51
+0530
Rajendra Ganu Bhoir ....Appellant
V/s.
Rupali Rajenra Bhoir ...Respondent
(Nee Ms. Asmita Bhagwan Thakare)
C/o Bhagwan Namdeo Thakare
Mr. Rajesh Sudhakar Datar, for the Appellant.
Smt. Neeta P. Karnik, for the Respondent.
CORAM : MADHAV J. JAMDAR, J.
DATE : 2nd DECEMBER, 2022
P.C.:
1. Mr. Rajesh S. Datar, learned counsel appearing for the
Appellant and Smt. Neeta P. Karnik, learned counsel
appearing for the Respondent tenders Consent Terms. The
said Consent Terms are taken on record and marked 'X' for
identification.
2. The said Consent Terms read as under:
"C O N S E N T TERMS
1. The Appellant has filed the above Second Appeal
904-SA-415-2019.doc
for challenging Judgment and Order dated 2 nd
March, 2019 passed by the learned District
Judge - 6, Thane in Regular Civil Appeal No.153
of 2014 thereby confirming Judgment and
Decree dated 24th February, 2014 passed by the
learned Civil Judge, Senior Division, Link Court,
Bhiwandi in Marriage Petition No.85 of 2006.
2. The Appellant had filed the aforesaid Marriage
Petition No.85 of 2006, under Section 13(1) (ia)
and (ib) of the Hindu Marriage Act, 1955,
praying for dissolution of marriage between the
Appellant and the Respondent solemnized on 4th
June, 2002. A male child viz. Adwait was born
out of the wedlock between the Appellant and
the Respondent on 15th October, 2003 and he is
in custody of the Respondent since his birth.
Apart from filing of the said Marriage Petition
No.85 of 2006, no other proceeding (Civil or
Criminal) is pending between the parties.
3. After filing of the above Second Appeal, the
parties were referred to mediation of Shri S. G.
Deshmukh, Advocate, High Court, Mumbai by
Order dated 13th August, 2019, passed by
Hon'ble Mr. Justice R. G. Ketkar in the above
Second Appeal. In view of the fact that the
parties were admittedly staying separately from
each other since 13th July, 2003 i.e. for over a
904-SA-415-2019.doc
period of 19 years, the mediation proceeded
accordingly and the parties negotiated the
terms of settlement and arrived at a decision to
dissolve the marriage solemnized between the
Appellant and the Respondent by a Decree of
Divorce by mutual consent.
4. The parties also agree that the Appellant shall
pay a sum of Rs. 10,00,000/- (Rupees Ten Lakh
only) to Adwait towards full and final amount of
maintenance for him by way of Demand Draft.
The Respondent agrees that she shall not claim
any maintenance on whatsoever ground from
the Appellant in future upon the Appellant
paying a sum of Rs. 10,00,000/- (Rupees Ten
Lakh only) to Adwait as aforesaid.
5. The parties also agree to withdraw all the
allegations made against each other in the
pleadings in the proceedings of the aforesaid
Marriage Petition or anywhere else.
6. The parties therefore pray that the parties be
permitted to convert Marriage Petition No.85 of
2006 filed by the Appellant under the provisions
of Section 13(1) (ia) and (ib) of the Hindu
Marriage Act, 1955 into a Petition under Section
13B of the Hindu Marriage Act, 1955 for divorce
by mutual consent and upon such conversion,
904-SA-415-2019.doc
the marriage between the Appellant and the
Respondent solemnized on 4th June, 2002 shall
stand dissolved by a Decree of Divorce by
mutual consent on the following terms and
conditions:
(i) The allegations made by the parties against each
other either in the proceedings of the aforesaid
Marriage Petition or anywhere else shall stand
unconditionally withdrawn.
(ii) The Appellant has drawn a Demand Draft dated
30th November, 2022 in the sum of Rs
10,00,000/- (Rupees Ten Lakh only) bearing no
145878 in the name of Adwait Rajendra Bhoir
on The Thane District Central Co-operative Bank
Ltd, Kudus Branch and the same is handed over
to the Respondent for and on behalf of Adwait
and the Respondent acknowledges receipt
thereof.
(iii) The Respondent undertakes not to claim any
maintenance for her or Adwait from the
Appellant in future on any count whatsoever.
However, this is without prejudice to the right of
Adwait to the ancestral properties of the
Appellant.
(iv) The parties undertake that they shall not
904-SA-415-2019.doc
initiate any proceedings in connection with their
marriage against each other on any count
whatsoever in future.
(v) The parties shall bear their own costs of the
proceedings."
3. The Appellant and the Respondent are personally
present in the Court and state that the Consent Terms are
read by them and the same are as per their instructions and
they are agreeable to them.
4. In view of the above Consent Terms, the Marriage
Petition No. 85 of 2006 filed under the provisions of Section
13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 is
allowed to be converted into a Petition under Section 13B of
the Hindu Marriage Act, 1955.
5. As the parties are admittedly not staying together for
about 19 years, the period of 6 months as contemplated
under Section 13B (2) of the said Act is waived off.
6. Mr. Datar, learned counsel appearing for the Appellant
has handed over the Demand Draft of Rs. 10,00,000/-
(Rupees Ten Lakh Only) bearing no. 145878 dated 30th
November, 2022 to Smt. Neeta Karnik in the Court issued in
904-SA-415-2019.doc
favour of the Adwait Rajendra Bhoir.
7. In view of the consent terms, the marriage between the
Appellant and the Respondent solemnized on 4th June, 2002,
stand dissolved by decree of divorce by mutual consent on
the terms and conditions which are set out in the Consent
Terms.
8. This Court records appreciation of work of Shri. S. G.
Deshmukh, Advocate who acted as 'Mediator' in this matter.
9. The Second Appeal is disposed of in the above terms
with no order as to costs.
(MADHAV J. JAMDAR, J.)
