Shri. Chidanand Yelappa Shivasharan v. Sou. Alka Chidanand Shivasharan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 209 OF 2018 WITH CIVIL APPLICATION NO. 338 OF 2018 Shri. Chidanand Yelappa Shivasharan ..Appellant.

Versus

Sou. Alka Chidanand Shivasharan ..Respondent __________ Mr. Abhijit M. Adagule, for Appellant.

Mr. Rohan H. Barge, for Respondent.

__________ CORAM :

K. K. TATED & SARANG V. KOTWAL, JJ.

DATED :

06th FEBRUARY, 2020.

PC :

1.

Heard the learned counsel for the parties.

2.

Both the learned Counsel submit that, the matter is settled out of the court. They tendered consent terms dated 06/02/2020 duly signed by the appellant, as well as, the respondent and their respective advocates. Both counsel submit that the appellant and the respondent are present before the court. They entered into the witness box and admitted the execution of consent terms and contents thereof. Hence, the same is taken on record and marked 'X' for identification. The same is accepted.

3.

The consent terms reads thus:

CONSENT TERMS

1. The Appellant (Husband) had filed the above mentioned Family Court Appeal against the judgment and decree dated 1/8/2018, passed by the Ld. Family Court, Solapur, in Application No. 40 of 2017, wherein the application of the Respondent for restitution of conjugal rights was allowed by the Ld. Family Court.

2. The parties i.e. the Appellant husband and Respondent wife have amicably settled the dispute between themsleves and have arrived at a compromise and are filling the present consent terms as under:

i.

The Appellant husband has agreed to cohabit with the Respondent wife and accordingly Respondent wife has also agreed to reside with the Appellant husband and both are agreeable to reside together at Akkalkot, Tal: Akkalkot, Dist: Solapur.

ii.

That both Appellant husband and Respondent wife are withdrawing all the allegations against each other and have agreed to reside together as mentioned above without any

complaints against each other and further both assure each other that, they will not make any allegations against each other.

iii.

The Appellant husband will make all necessary arrangements to reside at Akkalkot within one month from the date of said consent terms and further the Respondent wife will withdraw the Regular Darkhast No. 30 of 2018 filed in the Ld. Family Court, Solapur within one month from the date of said consent terms.

iv.

Both the parties states that, they will happily stay with each other without any complaints and both will take care mutually about their physical and mental health. v.

The cost of all the litigations will be beared by the respective parties as of their own and no one will claim any such cost from each other.

Date: 6/2/2020 Place: Mumbai sd/- (Appellant) Chidanand Yelappa Shivasharan, sd/- (Respondent) Alka Chidanand Shivasharan

sd/- (Advoacte for the Appellant) sd/- (Advocate for the Respondent) 4.

Accordingly, the Family Court Appeal stands disposed of in terms of consent terms.

5.

No order as to costs.

6.

Pending applications stand disposed of as infructuous in view of disposal of Family Court Appeal.

7.

No order as to costs.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) -----