Sou. Jayashree Jitendra Suryawanshi v. Shri. Jitendra Chandrakant Suryawanshi

FCA-121&266/14.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL No. 121 OF 2014 WITH FAMILY COURT APPEAL No. 266 OF 2014 Jayashree Jitendra Suryawanshi.

..Appellant.

Versus

Jitendra Chandrakant Suryawanshi.

..Respondent.

Mr. Sachin Gite for the Appellant.

Mr. Prabhakar Jagdale for the Respondent.

Coram : RANJIT MORE & K.R.SHRIRAM, JJ.

Date : August 6, 2015.

P. C. :

1.

The parties have amicably settled their disputes and filed consent terms dated 6th August 2015, which read thus : "4.

Whereas the Appellant and the Respondent have mutually agreed to settle their dispute between themselves as per following consent terms.

(i) The Respondent has agreed to pay to the Appellant Rs.2 lakhs by demand draft drawn on State Bank of India bearing No.651660 in lieu of the entire arrears of the maintenance and also in respect of future maintenance. It is agreed between the parties that the amount of Rs.2 lakhs has been paid to the Appellant in lieu of her entire monitory claim in respect of the maintenance against the Respondent and the Appellant will not claim any amount towards the maintenance from the Respondent in future also. The Respondent herein has agreed to hand over the demand draft of Rs. 2 lakhs to the appellant before this Hon'ble Court.

(ii) The parties have further agreed that the Appellant will withdraw all the cases pending before the Hon'ble High Court and also before any other trial Court filed by the patilsr 1 / 2

FCA-121&266/14.

Appellant against the Respondent and further undertakes that the appellant will not file any case against the Respondent in respect of their matrimonial dispute. The Respondent also undertakes that the Respondent will also not file any case before any Court in respect of their matrimonial dispute.

(iii) It is also agreed between the parties that both the parties will not interfere in the personal life of each other after filing of the present consent terms." 2.

The consent terms are signed by the parties as well as by their respective advocates. The Appellant and the Respondent are personally present before us. On specific query, they submitted that they have gone through the consent terms and they are drawn as per their instructions only. Consent terms are taken on record and marked "X" for identification. The Appellant wife confirmed that she has received an amount of Rs. 2 lakhs in terms of clause 4(i) of the Consent terms. The parties made a joint request to dispose of both appeals in terms of the consent terms. In that view of the matter, both the appeals are disposed of in terms of the consent terms. Decree be drawn up accordingly. Consent terms to form part of the the decree.

3.

In view of the disposal of main appeals, applications taken out in these appeals do not survive and same are accordingly disposed of.

[K. R. SHRIRAM, J.] [RANJIT MORE, J.] patilsr 2 / 2