Smt. Jagruti Yogendra Rathod v. Shri. Yogendra Dhirubhai Rathod

SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 46 OF 2014 Smt. Jagruti Yogendra Rathod ....Appellant versus Shri Yogendra Dhirubhai Rathod ....Respondent Mr. Ashok Toraskar, advocate for the appellant. Mr. Prakash Hartalkar, advocate for the respondent. CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 5TH MAY, 2015.

P.C.:

The parties to the appeal have settled their dispute amicably and filed consent terms as under :

"1.

The Respondent/Husband hereby pays Rs.19,50,000/- (Rs.Nineteen Lacs Fifty Thousand only) by two Demand Drafts (1) D.D.No.490450 dated 17-042015 for Rs.11,00,000/- (Rs. Eleven Lakh Only) drawn on State Bank of India, Vasant Vihar Thane Branch and

(2) D.D.No.769826 dated 17-04-2015 for Rs.8,50,000/- (Rs. Eight Lakh Fifty Thousand Only) drawn on Oriental Bank of Commerce, Thane Pokran Branch in favour of Appellant/Wife towards full and final settlement. 2.

The Appellant/Wife and/or Daughter "Krisha" shall not claim any maintenance or any other claim for herself and daughter "Krisha" in future under any circumstances.

Shubhada S Kadam 1/3

3.

The daughter "Krisha" is in custody of Appellant/Wife since her birth. The Respondent/Husband agrees that the daughter "Krisha" shall remain in custody of the Appellant/Wife.

4.

The Decree passed by the Family Court Thane dissolving the Marriage between the parties shall stand confirmed and interim relief granted against Respondent/Husband be vacated. Furthermore, it is also agreed that the monthly maintenance granted by the Family Court for Krisha also stands cancelled. 5.

The allegations made by the parties against each other are hereby withdrawn."

2.

The consent terms are signed by the appellant and respondent along with their respective counsel. Both the appellant and respondent are present before the Court. On being queried specifically, they stated that they have gone through the consent terms and have understood the contents of the same. They further submitted that the above appeal may be disposed of in view of the above consent terms. The consent terms are taken on record and marked "X" for identification. The undertakings and the statements made in the consent terms are accepted by both the parties. In terms of clause 1 of the consent terms, the respondent has handed over two demand drafts for an amount of Rs.11,00,000/- and Rs.8,50,000/- to the appellant. The appellant, in acknowledgement Shubhada S Kadam 2/3

thereof, has signed the receipts. The said receipts are taken on record. In the above circumstances, the appeal is disposed of in terms of the consent terms. Decree be drawn accordingly.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 3/3