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Bombay High CourtFCA/73/2017

Mrs. Rachana Anshuman Vichare v. Mr. Anshuman Chandrakant Vichare

2017-12-12Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Smt. Justice Vasanti A. Naik2 pages

1 / 2 21-FCA-73-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.73 OF 2017 Rachana Anshuman Vichare .... Appellant versus Anshuman Chandrakant Vichare ... Respondent .......

• Mr.Kishore H. Hase, Advocate for the Appellant. • Ms. Sonam Singh i/b. Harshad Bhadbhade, Advocate for the Respondent.

CORAM

: SMT. VASANTI A. NAIK & SARANG V. KOTWAL, JJ.

DATE : 12th DECEMBER, 2017.

P.C. :

Heard.

The learned counsel for the parties have tendered the 'consent terms' in the Court today. The same are accepted on record and marked as Ex.'Z'.

It appears from the joint consent terms that the appellantwife and the respondent-husband, have decided that their marriage should be dissolved by a decree of divorce by consent. As per the consent terms, a sum of Rs.2 lakhs is payable by the respondent-husband to the appellant-wife. A demand draft for the sum of Rs.2 lakhs is tendered by the respondent-husband to the appellant-wife in the Court today. The appellant-wife has acknowledged the receipt thereof.

We have perused the consent terms. The appellant and the Nesarikar

2 / 2 21-FCA-73-17.odt respondent have signed the consent terms. The counsel for the appellant and the respondent have identified the appellant and the respondent respectively. The joint consent terms are signed by the advocate for the appellant and the advocate for the respondent. The appellant and the respondent are personally present in the Court today. We have noted their presence and the respective counsel have identified their clients.

In pursuance of the consent terms, the appellant-wife would withdraw this appeal and also the criminal case, which she has filed against the respondent for the offence punishable under Section 494 of the Indian Penal Code in the Court of J.M.F.C. Karjat. The parties agree that they have exchanged the articles belonging to each other and they would have no claim whatsoever against each other in future. The appellant-wife has accepted the sum of Rs.2 lakhs towards full and final settlement and has stated that she would not claim any maintenance from the husband in future. We have perused the terms of consent terms in the joint pursis filed on behalf of the parties. We find that the consent terms are just and reasonable. Hence, we dispose of the Appeal in terms of the joint consent terms. The marriage solemnized between the parties on 19/07/2009 is hereby dissolved by a decree of divorce by consent in terms of the joint pursis Ex.'Z'. The decree be drawn accordingly. No order as to costs.

(SARANG V. KOTWAL, J.) (SMT. VASANTI A. NAIK, J.)