Mrs. Dipali Rajesh Naik v. Mr. Rajesh Laxman Naik

(3)FCA-152-2018.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.152 OF 2018 Mrs.Dipali Rajesh Naik ] ..Petitioner vs.

Mr.Rajesh Laxman Naik ] ..Respondent Mr.Paresh Thakkar, for the Appellant.

Mr.Sushil Inamdar, for the Respondent.

Both parties present in person.

------------------------ CORAM : INDRAJIT MAHANTY & SARANG V. KOTWAL, JJ.

DATE :

27th FEBRUARY, 2019.

P.C.

1] Heard learned counsel for the respective parties. 2] In the present Appeal, the appellant/wife has sought to challenge the Judgment and order dated 11th April, 2018 passed by the learned Judge, Family Court, Bandra, Mumbai, in respect of mutual divorce under Section 13(3)(b) of the Hindu Marriage Act, 1955. 3] During the pendency of this appeal, both the parties have come to a settlement insofar as dispute is concerned. The appellant and respondent have filed separate additional Affidavits to the following effect : 1/2

(3)FCA-152-2018.doc "1.

I say that, I agree, accept and confirmed that the Consent Terms dated 05.03.2018 at Exhibit 15 , is legal, valid and binding upon me. Similarly, modified Consent Terms dated 11-042018 at Exhibit 18 is also legal,valid and binding uponme. 2.

I say that, I hereby accept, agree and confirmed that in addition to the above Consent Terms, I hereby give my free consent, which, shall form part of Consent Terms is as below : 2A.

I accept and agreed that the Appellant will visit the house of the Respondent once in 7 days to meet child-Vidisha as per the convenience of child and both the parties. 3.

I say that, contents of this affidavit are read over to me. I hereby give my free consent for the same. 4.

I say that, I undertake to act asper th said arrangement. I undertake that I will not challenge the order passed pursuant to filing of this affidavit nor challenge said arrangement in future. I further undertake that I will not make any allegation against my Advocate with regard to said arrangement in future. 4] The affidavits filed by both the parties are taken on record. Both the parties are present in the Court today and they submit that these affidavits have been filed out of their own free will and without any pressure.

5] We also record our appreciation of the efforts taken by the learned counsel for the respective parties for having arrived at a settlement. Accordingly, Family Court Appeal No.152 of 2018 stands disposed off.

(SARANG V. KOTWAL, J) (INDRAJIT MAHANTY, J) 2/2