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Bombay High CourtFCA/204/2013disposed off

Mr. Manoj Bhikanrao Kharote v. Mrs. Shital Manoj Kharote

2017-09-01Hon'Ble Smt. Justice V.K. Tahilramani,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi3 pages

jdk 1 3.fca.204.13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION F.C.A. NO. 204 OF 2013 Mr. Manoj Bhikanrao Kharote .. Appellant Vs.

Ms. Shital Manoj Kharote .. Respondent ....

Ms. Divya Parab i/b Mr. Rameshwar N. Gite Advocate for Appellant Mr. Namdeo Gore along with Mr. Amol Patil Advocate for Respondent ....

CORAM : SMT.V.K.TAHILRAMANI AND DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATED : SEPTEMBER 01, 2017 ORAL JUDGMENT [PER SMT. V.K.THAILRAMANI, J.]: Heard the learned counsel for the appellant - husband and the learned counsel for the respondent - wife as well as the appellant and the respondent who are present before the Court. The appellant - husband has preferred this Family Court Appeal against the order of the Family Court whereby his petition for divorce on the ground of cruelty and desertion, was dismissed by the Family Court.

jdk 2 3.fca.204.13.doc The learned counsel for both sides state that the matter is amicably settled between the parties and the parties have prepared consent terms. They have tendered the consent terms which are taken on record and marked "X" for identification.

The appellant and the respondent who are present in person before the Court state that they have read the consent terms and have knowingly and voluntarily signed the consent terms. Pursuant to the consent terms, the petition of appellant - husband for divorce on the ground of cruelty and desertion, is converted into a petition for divorce by mutual consent and the marriage between the parties is dissolved by mutual consent. Undertakings given by both the parties in the consent terms are accepted.

The respondent - wife states that she has already received an amount of Rs.8 lakhs. The appellant has got a Demand Draft of Rs.10 lakhs bearing No. 834500 dated 31.7.2017 drawn on State Bank of India, Satpur Industrial Area

jdk 3 3.fca.204.13.doc (Nasik) Branch towards full and final settlement of the claims of maintenance of the Respondent - wife and her child. The respondent - wife acknowledges the receipt of the said Demand Draft.

This Family Court Appeal is disposed of in view of the consent terms. Decree be drawn up accordingly. [DR.SHALINI PHANSALKAR-JOSHI,J.] [ SMT.V.K.TAHILRAMANI, J. ] kandarkar