Mrs. Anagha Rajesh Divekar v. Mr. Rajesh Nandkumar Divekar

1 / 3 WP/ 9776 /2013 Tapadia RR/B.27

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9776 OF 2013 WITH CIVIL APPLICATION No.2578 of 2013 IN WP/9776/2013 Mrs. Anagha Rajesh Divekar ..Petitioner Vs Mr.Rajesh Nandkumar Divekar .. Respondent Mr. Sandip Bhimekar i/b DSR Legal, Advocate for Petitioner. Ms.Shilpa A. Joshi, Advocate for Respondent. CORAM : R.G.KETKAR,J.

DATE : 30/01/2015 PC:

1.

Heard Mr. Sandip Bhimekar, learned counsel for the petitioner and Ms. Shilpa Joshi, learned counsel for the respondent. Rule. Ms.Joshi waives service on behalf of the respondent. At the request and by consent of the parties, Rule is made returnable forthwith and Petition is taken up for final hearing.

2.

The learned counsel appearing for the parties have tendered Consent Terms dated 30.1.2015 duly signed by the parties and their Advocates. The learned counsel appearing for the parties state that Petition may be disposed of in terms of the Consent Terms. Mr Bhimekar states that the petitioner is present in the Court. Ms Joshi states that the respondent is also present in the Court. The parties admit and confirm the correctness of the Consent Terms. The Consent Terms are taken on record and marked "X" for identification. The undertakings given by the respondent in paragraph 2(c),(d),(e),(g) and paragraphs 6,7 and

2 / 3 WP/ 9776 /2013 8 are accepted. Similarly, the undertakings given by the petitioner in paragraphs 2(h), 3(a) to (e), 8 are accepted. The learned counsel appearing for the parties have tendered photo copies of Identity Cards of the petitioner and respondent. They are taken on record and marked "Y" Collectively. The learned counsel appearing for the parties state that the impugned order may be set aside and the same may be substituted in terms of the Consent Terms.

3.

After hearing the learned counsel appearing for the parties and after perusing the Consent Terms, I am satisfied that the controversy between the parties is amicably and lawfully settled in terms of the Consent Terms. In view thereof, by consent of the parties, the impugned order is quashed and set aside and stands substituted by the Consent Terms. In terms of clause (1) of the Consent Terms, M.J.Petition No. A-667 of 2013 shall stand disposed of.

4.

Rule is made absolute in the aforesaid terms with no order as to costs. Decree shall be drawn accordingly. 5.

The parties shall produce authenticated copy of this order before the Family Court by passing further orders in the petition. 6.

In view of disposal of the Petition, Civil Application No. 2578 of 2013 for interim relief does not survive and the same is also disposed of.

7.

Before parting, the Court places on record appreciation of

3 / 3 WP/ 9776 /2013 the services rendered by Mr. M.P.S.Rao, Senior Advocate of this Court.

(R.G.KETKAR, J.)