Shri. Bijayshankar Shivprasad Rajak v. Smt. Savita Bijayshankar Rajak

1 25-FCA 21-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.21 OF 2019 Bijayshankar Shivprasad Rajak.

] ... Appellant

Versus

Savita Bijayshankar Rajak.

] ... Respondent Mr. Hitesh Vyas a/w Ms. Supriya Maurya i/b Mr. Samarth Karmakar for Appellant.

Mr. Dharmendra Gupta for Respondent.

CORAM :- AKIL KURESHI & SARANG V. KOTWAL, JJ.

DATE :- 27 MARCH, 2019 P. C. :- 1.

This Family Court Appeal is preferred by the Appellant - husband against the order dated 18/05/2018 passed by the Family Court, Bandra, Mumbai, whereby the husband's petition for divorce was dismissed.

2.

Today, both the parties have filed Consent Terms before us. The Consent Terms are taken on record and marked 'X' for URS 1 of 3

2 25-FCA 21-19.odt identification. It is mentioned in the Consent Terms that both the parties have settled their disputes amicably and they have agreed to dissolve their marriage by mutual consent. The Consent Terms also mention the schedule of payment of settlement amount. As per the clause in the Consent Terms, the husband handed over a Demand Draft bearing no.012895 dated 20/03/2019 of HDFC Bank, for Rs.2.50 Lakhs to the learned Counsel for Respondent - wife. As per the Consent Terms, the parties agree to the schedule provided for payment of settlement amount.

3.

In view of the Consent Terms, the following order is passed :

ORDER

(i) The impugned Judgment and Order dated 18th May, 2018 passed by the Family Court, Mumbai, in Petition No.A2160 of 2013, is set aside. (ii) The parties are at liberty to prefer appropriate proceeding under Section 13-B of the Hindu Marriage Act, 1955 seeking decree of divorce by mutual consent.

URS 2 of 3

3 25-FCA 21-19.odt (iii) Considering the peculiar facts of this case, the Family Court shall consider waiving of the cooling off period provided under Section 13-B of the Hindu Marriage Act, 1955.

(iv) With this direction, Family Court Appeal No.21 of 2019 is disposed of.

(SARANG V. KOTWAL, J.) (AKIL KURESHI, J.) URS 3 of 3