Vijaysingh Kishorsingh Pardeshi v. Pooja Vijaysingh Pardeshi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.20 OF 2017 Vijaysingh Kishorsingh Pardeshi ...
Applicant versus Pooja Vijaysingh Pardeshi ...
Respondent WITH MISC. CIVIL APPLICATION NO.152 OF 2016 Pooja Vijaysingh Pardeshi ...
Applicant versus Vijaysingh Kishorsingh Pardeshi ...
Respondent Mr. A.B.
Tajane, for Applicant in MCA No.20 of 2017 and for Respondent in MCA No.152 of 2016.
Mr. Rahul Vijaymane, for Applicant in MCA No.152 of 2016 and for Respondent in MCA No.20 of 2017.
Applicant and Respondent are present.
CORAM: S.J. KATHAWALLA, J.
DATE: 21st JULY, 2017 ( In Chambers ) P.C.:
1.
Heard the learned Advocates for the parties and by consent, the following order is passed :
(i) The parties have agreed to convert the Divorce Petition filed by the Respondent husband before the Family Court at Pune being Marriage Petition No.687 of 2016 into a Petition for divorce by mutual consent. (ii)The parties have also agreed to withdraw all the allegations made against each other in the Divorce proceedings and/or any other proceedings filed by 1/3
them against each other.
(iii)The Respondent husband undertakes to pay an amount of Rs.4,00,000/- to the Applicant on 15th September, 2017 in full and final settlement of all her claims including the claim of maintenance against the Respondent husband. The undertaking is accepted.
(iv)The parties shall appear before the Principal Judge, Family Court, Pune on 15th September, 2017 at 11.00 a.m.. On that day, the Family Court at Pune shall allow the parties to convert the divorce petition into a petition for divorce by mutual consent and grant/pass a decree of divorce to the parties on the very same day. The amount of Rs.4,00,000/- shall simultaneously be paid to the Applicant. (v) In view of the above Consent order, the Respondent husband shall file an Application before this Court seeking quashing of the proceeding filed by the Applicant wife under the Protection of Women from Domestic Violence Act, 2005 and a criminal case under Section 498(A) of the Indian Penal Code, filed by the Applicant wife before the Judicial Magistrate, II, Solapur.
The Applicant wife shall cooperate in all respect for quashing of the said proceedings. (vi)The Applicant wife shall also withdraw the Petition filed before the Family Court at Solapur, seeking restitution of conjugal rights within a period of one week from the date of the Family Court, Pune passing a decree of divorce by mutual consent.
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(vii)Save and except what is stated hereinabove, the parties shall have no claim of whatsoever nature against each other. (viii)The above Misc. Civil Applications are accordingly disposed of. (ix)Liberty to apply.
( S.J.KATHAWALLA, J. ) 3/3