Apurva Anant Mahajan v. Anant Shyamkant Mahajan And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.47 OF 2017 WITH CRIMINAL APPLICATION NO.103 OF 2017 Auprva Anant Mahajan ...

Applicant versus Anant Shyamkant Mahajan ...

Respondent WITH CRIMINAL APPLICATION NO.342 OF 2017 Anant Shyamkant Mahajan ...

Applicant versus Apurva Anant S. Mahajan .

...

Respondent Mr. Kalpesh Patil, for Applicant in MCA 47 of 2017 and Cri. Application No.103 of 2017 and for Respondent in Cri. App. No.342 of 2017. Mr. S.A.Rajeshirke, for Respondent in MCA No.47 of 2017 and in Cri. Application No.103 of 2017 and for Applicant in Cri. App. No.342 of 2017. CORAM: S.J. KATHAWALLA, J.

DATE: 3rd JULY, 2017 P.C.:

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

(i) The Respondent husband has agreed to pay an amount of Rs.25,00,000/- (Twenty Five Lakhs) to the Applicant wife on or before 18th July, 2017 by way of a demand draft. The demand draft shall be issued in the maiden name of the Applicant i.e. Apurva Kantaram Jadhav in full and final settlement of her claim towards permanent alimony.

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(ii)As far as valuables including ornaments are concerned, the parties have exchanged the same in the presence of the Court and now do not have any claim qua any valuables against each other.

(iii)The Applicant wife undertakes to return the Scooter (Kinetic Honda Make) to the Respondent and/or his representatives at Pune and the Respondent will return the Split Air Conditioner (1.5 ton of Diaken make) along with the other movables, a list of which is tendered by the Respondent, taken on record and marked 'X' for identification.

(iv)The Divorce Petition filed by the Respondent before the Family Court at Pune bearing No. P.A-1376/2016. seeking dissolution of the marriage between the Applicant and Respondent shall be converted into a Petition by mutual consent and the Family Court at Pune, shall decree the divorce Petition by mutual consent within two weeks from 18th July, 2017.

(v) Both the parties unconditionally withdraw all the allegations made against each other in the Divorce Petition as well as in the proceedings filed under the Protection of Women from Domestic Violence Act, 2005 and the proceedings interalia filed under Section 498 A of the Code of Criminal Procedure, and/or any other complaints/proceedings.

(vi)The learned Advocate for the Respondent shall move the appropriate court for quashing of the criminal proceedings filed by the Applicant wife and by 2/3

consent of the parties, the concerned Court may quash such pending proceedings. (vii)Save and except what is agreed by the parties herein, the parties shall have no claim of whatsoever nature against each other. (viii) Since non-cognizable complaints are filed with the Chaturshrungi and Band Garden Police Stations, by the Applicant Apurva Anant Mahajan, a copy of this order shall be forwarded to the said police station who shall make a note of these terms.

(ix)In view of the above order, the Misc. Civil Application No.47 of 2017, Criminal Application Nos.103 of 2017 and 342 of 2017 are disposed of. (x) Stand over to 18th July, 2017 at 2.30 p.m. in Chambers to report compliance of the above order.

(xi)Liberty to apply.

( S.J.KATHAWALLA, J. ) 3/3