Shri.Anand Ranjit Lalchandani vs Binkal W/O.Anand Ranjit ...
2023 Latest Caselaw 5678 Bom

2023:BHC-AS:16471-DB

                                                                                            Fca-170/17.


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                           FAMILY COURT APPEAL NO. 170 OF 2017


               Anand Ranjit Lalchandani.                                 ...Appellant.
                     Versus
               Binkal w/o Anand Ranjit Lalchandani,
               d/o Ashwin Mehta.                                         ..Respondent.


                                                     ------------
               Mr. Vivek Kantawala, Mr. Amey Patil and Mr. Jash Vyas i/b M/s. Vivek
               Kantawala & co., for the appellant.
               Ms. Disha Shetty for the respondent.
                                                     ------------

                                           Coram :     Nitin W. Sambre &
                                                       Sharmila U. Deshmukh, JJ.

                                           Date      : June 16, 2023.

               P. C. :

1. The appellant and the respondent got married on 27 th

December 2010. Out of discord, they started living separately since

January 2012. There are various proceedings initiated by the

respondent - wife against the appellant - husband, amongst others

the proceedings under the provisions of Protection of Women from

Domestic Violence Act, 2005, the criminal proceedings for the

offences punishable under section 498A of the Indian Penal Code,

1860 and the present proceedings initiated by the husband for

divorce under section 13(1)(ia) of the Hindu Marriage Act, 1955 on

the grounds of cruelty and desertion.

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                                                                         Fca-170/17.

2. The fact remains that the parties hereto are not blessed with

any issue.

3. The claim put forth by the husband for divorce under section

13 of the Hindu Marriage Act, 1955 was turned down by the Family

Court, Mumbai, Bandra thereby rejecting Petition No.A-655 of 2013

vide the impugned judgment dated 27th July 2017, which has led to

the filing of present family Court appeal.

4. When the matter was called out for hearing, both the

counsel and respective parties, who are present in the Court

tendered consent terms duly signed and executed. The consent

terms are taken on record and marked "X" for identification.

5. Through the consent terms, a request is made that the

present appeal be disposed of by invoking the provisions of section

13B of the Hindu Marriage Act, 1955, as the parties have mutually

decided to dissolve their marriage.

6. The appellant has initiated the proceedings before the

Gujarat High Court being Petition No.16169 of 2014, seeking

quashing of the criminal proceedings for the offence punishable

under section 498A of the Indian Penal Code, 1860. The respondent

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Fca-170/17.

- wife has undertaken through the aforesaid consent terms to

extend consent for quashing. She has also undertaken to extend all

necessary co-operation by remaining present, either physically or on

virtual mode, before the Gujarat High Court in the aforesaid matter

for quashing of criminal proceedings.

7. The proceedings initiated by the respondent-wife, under the

provisions of Protection of Women from Domestic Violence Act,

2005, being Appeal No.141 of 2022 pending on the file of Sessions

Court at Dindoshi, Mumbai is agreed to be withdrawn by the

respondent - wife.

8. In view of the above undertaking given by the respondent-

wife, counsel for the appellant assures that during the course of the

day, balance amount of Rs.22.50 lakh out of the one time alimony

payable to the respondent-wife shall be transferred in the bank

account of the respondent-wife. Statement accepted.

9. Apart from above, the respondent-wife acknowledges the

receipt of articles which are reflected in Annexure-I to the consent

terms. She also admits that the amount of Rs.22.50 lakh towards

the partial satisfaction of the one time alimony agreed to, is

received in her bank account. She also agrees to all the conditions

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Fca-170/17.

of the consent terms.

10. As such notice period provided under section 13B of the

Hindu Marriage Act, 1955 is dispensed with. In view of the above,

we deem it appropriate to dispose of the present appeal in terms of

the aforesaid consent terms thereby ordering the dissolution of

marriage between the parties under section 13B of the Hindu

Marriage Act, 1955.

11. Learned counsel for the respondent-wife is permitted to

place on record the vakalatnama within three days from today.

[Sharmila U. Deshmukh, J.]                    [Nitin W. Sambre, J.]




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