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Bombay High CourtFCA/53/2013disposed off

Mr. Janardan Janya Kharsekar v. Mrs. Chandrakala Janardan Kharsekar

2015-04-17Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 53 OF 2013 Janardhan Janya Kharsekar.

..Appellant.

Versus

Chandrakala Janardhan Kharsekar. ..Respondent. Mr. Shashipal Shankar for the Appellant.

Mrs. Indrayani M. Koparkar for the Respondent. Coram : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

Date : April 17, 2015.

PC:

1.

The learned Counsel appearing for the respective parties submitted that parties have settled their disputes amicably and entered into consent terms. Terms of the settlement, recorded in the form of Consent Terms which are signed by the parties as well as by their respective advocates, read thus :

"CONSENT TERMS The Appellant and the Respondent agree for the disposal of the appeal in following terms :

1] That, the marriage between the Appellant and the Respondent be dissolved by decree of divorce by mutual consent under section 13-B of the Hindu Marriage Act, 1955.

2] That, the Appellant shall pay to the Respondent a lumpsum amount of Rs.10 lacs towards permanent alimony as full and final settlement of all her dues. The Respondent shall not raise any other claim in Srpatil.

future.

3] The amount of Rs.10 lacs shall be paid in two installments. The first installment of Rs.5 lacs shall be paid on or before 17th May 2015. The balance amount shall be paid by 17th June 2015. The amount shall be paid by way of demand draft.

4] Decree be drawn up accordingly."

2.

The Appellant and the Respondent are personally present before the Court. On specific query, they submitted that they have gone through the consent terms and the same are drawn as per their instructions. The Appellant submitted that he has signed the consent terms. The Respondent submitted that she has put up her thumb impression on the consent terms. Consent terms are taken on record and marked "X" for identification. Both of them submitted that appeal be disposed of in terms of the consent terms. Statements and undertakings in the consent terms are accepted. 3.

In the circumstances, family court appeal is disposed of in terms of the consent terms. Decree be drawn up in terms of the consent terms.

[SMT. ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.] Srpatil.