Ummi Banti Mahouria v. Maj. Banti Mahouria

JAYARAJAN ANJAKULATH NAIR Date: 2022.11.30 15:08:23 +0530 JAYARAJAN ANJAKULATH NAIR 1/8 02 FCA-19.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.19 OF 2022 WITH INTERIM APPLICATION NO.1485 OF 2022 Ummi Banti Mahouria ] ... Appellant Vs.

Maj. Banti Mahouria ] ... Respondent ...

Mr. Balan i/b Ms. Pranali Sawant for appellant. Ms. Manjula Rao with Mr. Pratik Deomore for respondent. ...

CORAM

: K.R. SHRIRAM & KAMAL KHATA, JJ.

DATED : 28TH NOVEMBER, 2022.

P.C.:- 1.

Parties have amicably settled their disputes in the terms as indicated by appellant in her affidavit affirmed on 28/11/2022. Affidavit of respondent affirmed on 14/07/2022 has also been tendered. Respondent who works for Armed Forces is posted in the front-line and, for security reason, his exact location is not disclosed. To a query posed by this court, Ms. Rao states that she

2/8 02 FCA-19.22.doc recognizes the signature of appellant and also identifies the same.

2.

For easy reference, affidavits of appellant and respondent are scanned and reproduced herein.

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Mr. Balan states that Demand Draft for Rs.5 lakhs drawn in favour of appellant issued by State Bank of India, Pathankot Branch has been received. A copy of the Demand Draft is also scanned and reproduced herein.

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Appellant, who is present in the court, is identified by Mr. Balan. Appellant undertakes to withdraw the execution petition and application filed under the Domestic Violence Act, pending before the courts in Pune and confirms that they will be withdrawn within four weeks from today. A copy of the withdrawal order shall also be made available to the advocate for respondent, within this period. Respective courts are requested to entertain the applications expeditiously and also provide a certified copy of the order expeditiously, for appellant to meet with the deadline mentioned hereinabove. Appellant and respondent through Ms. Rao state that they have not filed any other proceeding against each other. Statement accepted. 5.

The statements of appellant in paragraph No.5 of her affidavit are accepted. So also, the statements of respondent in paragraph No.5 of his affidavit are accepted.

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In view of the above, appellant seeks to withdraw the appeal. Appeal dismissed. No order as to costs. 7.

Consequently, interim application also disposed. [KAMAL KHATA, J.] [K.R. SHRIRAM, J.]