Soni Shrikant Bhise v. Shrikant Dagdu Bhise

mca 253 of 2016 (916).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.253 OF 2016 Soni Shrikant Bhise ...

Applicant versus Shrikant Dagdu Bhise ...

Respondent Mr. Onkar Warange, for Applicant.

Mr. Kamlesh Mali, for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 8th AUGUST, 2017 P.C.:

1.

Heard the learned Advocates for the parties and by consent, the following order is passed :

(i) The Respondent husband shall on or before 31st January, 2018 pay an amount of Rs.1,60,000/- to the Applicant in full and final settlement of all her claims against the Respondent, including the claim of permanent alimony. (ii)In addition to the said amount undertaken to be paid by the Respondent to the Applicant, the Applicant shall retain the gold ornaments which are in her possession.

(iii)The belongings of the Applicant like clothes, utensils etc., which are in her matrimonial home, shall be returned by the Respondent to the Applicant within a ssp 1/2

mca 253 of 2016 (916).sxw period of one week from today.

(iii)The parties shall appear before the Civil Judge, Senior Division, Pune on 5th February, 2018 when the learned Judge shall allow the parties to convert Hindu Marriage Petition No.1123 of 2015 into a Petition seeking divorce by mutual consent and forthwith grant divorce by mutual consent after ascertaining that the Applicant wife has received the amount of Rs.1,60,000/- from the Respondent husband. (iv)Within a period of one week from the date of decree of divorce being granted, the Applicant wife shall unconditionally withdraw the Petition filed by her seeking restitution of conjugal rights before the Civil Judge, Senior Division at Kalyan being No.1015 of 2016 as well as Criminal Misc. Application No.124 of 2016 filed before the Judicial Magistrate, First Class at Ulhasnagar.

(v) Save and except what is directed/recorded hereinabove, the parties unconditionally withdraw all the allegations made against each other and the parties shall have no claim against each other. However, they shall be at liberty to apply in case of difficulty. Needless to add that the parties shall upto 5th February, 2018 not proceed with any of the proceedings.

(vi)The above Misc. Civil Application is accordingly disposed off. ( S.J.KATHAWALLA, J. ) ssp 2/2