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Bombay High CourtCAM/229/2018

Smt. Pooja Anoop Waingade v. Shri. Anoop Mohan Waingade

2019-06-14Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice Akil Kureshi3 pages

R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 143 OF 2018 WITH CIVIL APPLICATION NO. 229 OF 2018 Pooja Anoop Waingade ..

Appellant

Versus

Anoop Mohan Waingade ..

Respondent ...................

 Mr. Kuldeep U. Nikam for the Appellant  Mr. Pankaj D. Purway for the Respondent ...................

CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE : JUNE 14, 2019.

P.C.:

1.

The above Family Court Appeal is filed against the judgment and decree dated 6.4.2018 passed by the learned Family Court, Pune in Petition No. A-998 of 2013 whereby the marriage between the appellant and the respondent came to be dissolved by a decree of divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

2.

Today, both the parties are present before the Court.

They have agreed that the decree of divorce be set aside; the divorce petition filed before the Family Court, Pune be treated as a Petition for divorce by mutual consent, the allegations of cruelty be allowed to be unconditionally withdrawn and divorce by mutual consent be granted. In view thereof, the following order is passed:- (i) The Judgment and Decree dated 6.4.2018 passed by the learned Family Court, Pune in Petition No. A-998 of 2013 is hereby set aside.

(ii) All allegations made in the Petition No.A-998 of 2013 stand unconditionally withdrawn.

(iii) Petition No.A-998 of 2013 is treated/converted into a Petition for divorce by mutual consent.

(iv) The marriage between Anoop Mohan Waingade and Pooja Anoop Waingade, solemnized on 26th April, 2012 is hereby dissolved by a decree of divorce under Section 13B of the Hindu Marriage Act, 1955.

3.

The Family Court Appeal is accordingly disposed off. Civil Application also stands disposed off.

[ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ]