Bombay High Court
Mr. Santosh Govind Sawant vs Mrs.Shakambhri Santosh Sawant Nee ... on 12 January, 2024
Author: B.P. Colabawalla
Bench: B.P. Colabawalla
2024:BHC-AS:1747-DB
15-FCA-156-2012.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO. 156 OF 2012
Santosh Govind Sawant .. Appellant
Versus
Mrs. Shakambhri Santosh Sawant
Nee Archana Baburao Naik ...Respondent
Mr.Rajshekhar V. Govilkar, Senior Advocate i/b Mr.Mihir R.
Govilkar, Advocate for Appellant.
Mr.Atul Damle, Senior Advocate represented the Respondent-wife
at the instance of the Court.
Mr.Santosh Govind Sawant, Petitioner-husband is present.
Mrs.Shakambhri Santosh Sawant @ Archana Baburao Naik,
Respondent-Wife is present.
CORAM : B.P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : JANUARY 12, 2024.
PC:
1. The above Family Court Appeal is filed challenging the judgment
and order dated 16th July 2012 passed by the Family Court, Thane. By the
impugned judgment, the Family Court dismissed the Petition of the
Appellant-husband seeking a divorce and allowed the Counterclaim of the
January 12, 2024
Shraddha Talekar, PS
15-FCA-156-2012.doc
Respondent-wife for restitution of conjugal rights. The parties have been
living separately since the year 2008.
2. Today, when the matter is called out, we are informed that the
parties have resolved their disputes as recorded in the Consent Terms
dated 12th January 2024. The Consent Terms inter-alia provide that
neither party is making any claim against each other and they are
agreeable to a divorce by mutual consent under Section 13-B of the Hindu
Marriage Act, 1955.
3. The Consent Terms have been signed by the Appellant-husband as
well as the Respondent-wife. They are both present in Court. They have
both stated that they have signed the Consent Terms after reading and
understanding the same as well as the implications thereof.
4. The Consent Terms are also signed by the Advocate for the
Appellant and the Advocate for the Respondent.
5. In these circumstances, the Consent Terms dated 12 th January
2024 are taken on record and marked 'X' for identification. All
undertakings given in the Consent Terms, if any, are accepted as
undertakings given to this Court. There shall be order and decree in terms
January 12, 2024
Shraddha Talekar, PS
15-FCA-156-2012.doc
of the Consent Terms and the marriage between the Appellant-husband
and the Respondent-wife solemnized on 29th November 2003 is dissolved
by mutual consent under Section 13-B of the Hindu Marriage Act, 1955.
6. The impugned order passed by the Family Court on 16 th July 2012
shall now be substituted with the Consent Terms dated 12th January
2024 read with the present order. The Family Court Appeal is disposed of
in the aforesaid terms. However, there shall be no order as to costs.
7. Before parting, we must appreciate and thank Mr.Atul Damle,
Senior Advocate, who, at our instance, agreed to appear for the
Respondent-wife and has been instrumental in arriving at the present
settlement.
8. This order will be digitally signed by the Private Secretary/Personal
Assistant of this Court. All concerned will act on production by fax or
email of a digitally signed copy of this order.
[ SOMASEKHAR SUNDARESAN, J. ] [ B.P. COLABAWALLA, J. ]
January 12, 2024
Shraddha Talekar, PS
