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Bombay High CourtFCA/219/2008disposed off

Saili Sanjay Mungekar v. Sanjay Madhukar Mungekar

2017-12-15Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice R.M. Savant.2 pages

fca-219-08

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 219 OF 2008 Mrs.Sailil Sanjay Mungekar ..Appellant vs.

Sanjay Madhukar Mungekar ..Respondent Ms Anu Kaladharan i/b Mrs. Anjali Helekar for the Appellant Mr. Omkar Nagvekar i/b Ms Prabha Badadare for the Respondent CORAM :R. M. SAVANT, & SANDEEP K SHINDE,JJ DATE : 15th DECEMBER, 2017 P.C.

In the above Family Court Appeal the parties had filed Consent Terms dated 10-10-2017, the same has been recorded in the order passed on the said day i.e. 10-10-2017 by a Division Bench of A. A. Sayed and Manish Pitale JJ. It is not necessary to refer in detail to the various terms and conditions mentioned in the Consent Terms. Suffice it would be to state that the Respondent husband had agreed to pay amount of Rs.5 lacs towards full and final settlement of the dispute between the parties. The Respondent husband had handed over the Demand Draft of Rs.3,50,000/- on the said day i.e. 10-10-2017 and was to pay balance of Rs.1,50,000/- on or before 11-122017. The Learned Counsel for the parties are ad-idem that the said amount has now been paid by the Respondent husband. In terms of clause (5) of the said Consent Terms, on the said amount of Rs.1,50,000/- being paid the proceedings in question for divorce are required to be converted into the mmj

fca-219-08 proceedings for divorce by mutual consent and decree was accordingly to stand modified.

In view of the fact that the said Consent Terms have now been complied with in toto by the Respondent husband by paying the said amount of Rs.1,50,000/-, the Marriage Petition No.A-1112 of 2006 is converted to a Petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. The said Marriage Petition would accordingly stand allowed and the marriage solemnized between the Appellant and Respondent would stand dissolved by mutual consent. Decree to be drawn up accordingly. Both the Appellant and the Respondent are personally present in Court. The above Family Court Appeal to accordingly stand disposed of in the light of the above. [SANDEEP K. SHINDE, J] [R.M.SAVANT, J] mmj