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Bombay High CourtFCA/42/2021disposed off

Mr. Vinod Shravan Pardeshi v. Mrs. Komal Vinod Pardeshi

2022-12-14Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Justice Kamal Khata7 pages

by SUMEDH NAMDEO SONAWANE Date:

2022.12.19 14:29:54 +0530 SUMEDH NAMDEO SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.42 OF 2021 WITH INTERIM APPLICATION NO.2233 OF 2021 Vinod Shravan Pardeshi .. Appellant/ Applicant v/s.

Mrs. Komal Vinod Pardeshi .. Respondent ...

Mr. Suraj L. Vaswani, for appellant/applicant. Mr. A. K. Prajapati a/w. O. D. Goswami for respondent. ...

CORAM : K. R. SHRIRAM & KAMAL KHATA, JJ.

DATED : 14TH DECEMBER, 2022.

P.C. :

1.

Parties have amicably settled the dispute and entered into minutes of consent terms dated 14 th December 2022. The minutes of consent terms signed by appellant, respondent and their respective advocates is taken on record and marked 'X' for identification. Both appellant and respondent are present in court and identified by their respective advocates.

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2.

Respondent stated that the consent terms has been explained to her in Hindi by the advocate. When we asked respondent what has been explained to her, respondent replied in Hindi that the decree of divorce granted earlier will be converted into a decree by mutual consent for permanent alimony of Rs.10,00,000/- (Rupees Ten Lakhs) paid to her, which she confirmed receipt, and that she has taken away all her jewellery, belongings and streedhan. Respondent stated that she has understood that she will have to withdraw the Domestic Violence complaint lodged by her at Pune and that she will have no right or claim on appellant or any of his assets that he has or that he may acquire in future. We were satisfied that respondent has understood the terms clearly.

Appellant ofcourse states that he reads and understand English. . 3.

The marriage between appellant and respondent solemnized on th December 2008, hence, is dissolved by mutual consent. Both parties state that there is no child out of the said marriage. 4.

For ease of reference, the minutes of consent terms is scanned and reproduced below.

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5.

Order in terms of Minutes of Consent Terms.

6.

Respondent states she will take steps within two weeks from today to withdraw the Domestic Violence case bearing Cri. M.A. No.1015 of 2013 pending before J.M.F.C., Shivajinagar, Pune. Mr. Prajapati states that a copy of the application shall be provided to appellant at least three days before the application is filed so that appellant can also remain present, if he so wishes, on the date the application is made. Statements accepted as undertaking to the court. The J.M.F.C. Shivajinagar, Pune to endeavour to dispose the withdrawal application within four weeks of filing the same.

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All other statements and undertakings of both parties accepted. 8.

All to act on authenticated copy of this order. Drawn up decree expedited.

9.

No order as to costs.

(KAMAL KHATA, J.) (K.R. SHRIRAM, J.) 7/7