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Bombay High CourtMCA/143/2016disposed off

Sou. Anita @ Ankita Babasaheb Akade v. Shri Babasaheb Ankush Akade

2017-01-18Hon'Ble Shri Justice S.C. Gupte2 pages

sat 1/2 mca 143-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 143 OF 2016 Sou.Anita @ Ankita Babasaheb Akade ...Applicant vs.

Shri Babasaheb Ankush Akade

...Respondent

Mr.R.V. Bansode for Applicant.

Ms.Rohini M. Dandekar for Respondent.

CORAM : S.C. GUPTE, J.

18 JANUARY 2017 P.C. :

This Misc.Civil Applicaiton seeks transfer of proceedings. During the pendency of the proceedings, the Applicant and the Respondent, both of whom are present in court today, were sent to mediation. Learned Mediator has filed a report placing on record Consent Terms arrived at between the parties. These Consent Terms provide for the terms of a mutual consent divorce. A copy of the Mediator's report is taken on record, marked "X" for identification.

Learned Counsel for the Respondent offers to prepare a consent divorce petition based on the Consent Terms forming part of the Mediator's report. Learned Counsel for the Applicant has no objection to this being done. Learned Counsel for the Respondent states that a mutual divorce petition will be prepared within two weeks and she will get the same vetted by the Applicant's Advocate and thereafter file the same before the appropriate court after obtaining the parties' signatures. In the meantime, both the courts at Barshi and Vashi at CBD

sat 2/2 mca 143-2016.doc Navi Mumbai shall not go ahead with the respective proceedings pending before them.

The MCA is disposed of in the above terms. In case the parties do not go ahead with the consent divorce petition in terms of the Consent Terms, which are today taken on record, there will be liberty to the Applicant to apply for the same relief as claimed in the MCA herein. (S.C. Gupte, J.)