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Bombay High CourtMCA/10/2017disposed off

Mrs. Krutika Atul Narvekar @ Gomati Gajanan Patankar v. Mr Atul Ankush Narvekar

2017-06-20Hon'Ble Shri Justice S.J. Kathawalla3 pages

KPPNair -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 10 OF 2017 Mrs. Krutika Atul Narvekar ... Applicant @ Gomati Gajanan Patankar vs.

Atul Ankush Narvekar

...Respondent

Mr. A.M. Kulkarni for the Applicant.

Mr. Anilkumar Patil for the Respondent.

Both Applicant and Respondent are present.

CORAM: S.J. KATHAWALLA, J.

DATE: 20th JUNE, 2017 P.C.

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent:

(i) Petition No. A/2641/2016 filed by the Respondent and pending before the Family Court, Mumbai at Bandra, shall be converted into a Petition for divorce by mutual consent and shall be disposed of by the Learned Judge of the Family Court at Bandra within a period of two weeks from today.

(ii) Parties shall appear before the Principal Judge, Family Court at Bandra on 27th June, 2017 at 11.00 a.m. and obtain necessary directions. (iii) The Appeal filed by the parties before the District and Sessions Court,

KPPNair -2Sangli, impugning the order of interim maintenance passed under the Domestic Violence Act shall be withdrawn by the parties within one week from the date of the Family Court at Bandra passing a decree of divorce by mutual consent.

(iv) The execution application filed by the Applicant-wife before the Civil Judge, Junior Division, Sangli, shall also be withdrawn within a period of one week from the date of passing of the consent decree for divorce by the Family Court at Bandra.

(v) The parties unconditionally withdraw all allegations made against each other in all the pending proceedings.

(vi) The permanent custody of son Rayan will be with the Applicant mother. (vii) Respondent undertakes to pay an amount of Rs. 22,00,000/- (Rupees Twenty two lakhs only) to the Applicant towards lumpsum alimony payable to the Applicant and lumpsum maintenance for the child Rayan as follows:

(a)Rs. 7,00,000/- within four weeks from the date of this order; (b) Balance amount of Rs. 15,00,000/- within a period of four months from the date of this order.

The undertaking is accepted.

(viii) Applicant confirms that she has received her Stridhan which was lying with the Respondent.

KPPNair -3- (ix) Save and except what is agreed herein, the parties, including minor son Rayan for now and in future shall have no claim of whatsoever nature against each other.

(x) The minor son Rayan shall also not have any claim qua the personal properties of the Respondent and/or his ancestral properties. (xi) Liberty to the parties to move this Court, in case any difficulty arises in implementation of these terms.

The application is accordingly disposed off.

(S.J. KATHAWALLA, J.)