Bombay High Court
Tanvi W/O Ankush Bambal (Tanvi D/O ... vs Ankush S/O Nilkanthrao Bambal on 15 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
1/4 fca25.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (CAO) NO. 1515 OF 2023
IN
FAMILY COURT APPEAL NO. 25 OF 2023
Tanvi w/o Ankush Bambal
Vs.
Ankush s/o Nilkanthrao Bambal
----------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
----------------------------------------------------------------------------------------------
Mr. P.R. Agrawal, Advocate for applicant.
Mr. Kshitij V. Kothale, Advocate for respondent.
CORAM : VINAY JOSHI, AND
VRUSHALI V. JOSHI, JJ.
DATE : 15.01.2024
On account of settlement, the parties
have urged to convert the decree of divorce granted
by Family Court to the decree of divorce by mutual
consent. In view of settlement, permission is
granted.
2. Heard.
3. Matrimonial disputes gave rise to multiple
litigation spread over at different levels of the Court.
The husband has filed a divorce petition on the
ground of cruelty whilst wife has filed a petition for
Prity
2/4 fca25.2023
restitution of conjugal rights. The trial Court vide
common judgment and order dated 13.06.2023 has
dissolved the marriage on the ground of cruelty as
provided under Section 13(1)(i-a) of the Hindu
Marriage Act, 1955, whilst dismissing the convers
prayer about restitution of conjugal rights.
4. Being aggrieved, wife has filed this appeal
for setting aside the divorce decree as well as one
other Family Court Appeal No.03/2024, seeking to
challenge rejection of restitution petition. In
pursuance of settlement, wife has today withdrawn
said appeal.
5. During pendency of divorce proceeding,
wife has moved for interim maintenance. The trial
Court has awarded certain sum towards interim
maintenance in terms of Section 24 of the Hindu
Marriage Act. Being aggrieved, the husband has
filed Writ Petition No.7360/2022, in which, at the
request of both sides, this Court has referred the
matter for mediation. The mediation turned to be
successful as the parties have mutually settled the
differences by arriving at certain terms. Accordingly,
the deed of settlement was prepared and duly signed
by parties and has been filed in Writ Petition
Prity
3/4 fca25.2023
No.7360/2022. It was one of the terms of the
settlement that both would get divorce decree to be
converted into a divorce by mutual consent.
6. Today, both husband and wife are present
before us. They have agreed about settlement as
well as compliance of rest of the terms. The
husband has deposited sum of Rs.21,00,000/-
(Rupees Twenty One Lakhs Only) in this Court
towards full and final settlement. In view of that, in
order to remove any blot they have decided that the
divorce shall be by mutual consent, as it would not
become a hurdle in their future matrimonial
prospectus.
7. Having regard to all above aspects and
particularly in view of settlement, we have no
hesitation to dispose of the appeal in following
terms:-
(i) The impugned judgment and decree passed in
Petition No.A-92/2019 & Petition No.A-213/2015
dated 13.06.2023 is modified to the extent of
dissolution of marriage in the following terms :-
(ii) Marriage solemnized between Petition Shri
Ankush Nilkanthrao Bambal and respondent Tanvi
Prity
4/4 fca25.2023
Ankush Bambal solemnized on 29.05.2015 is hereby
dissolved by way of mutual consent in terms of
Section 13(B) of the Hindu Marriage Act, 1955.
8. Civil application and appeal also stand
disposed of in the above terms.
JUDGE JUDGE
Signed by: Mrs. PrityPrity
Gabhane
Designation: PA To Honourable Judge
Date: 17/01/2024 18:23:32
