Mrs. Suman Hanuman Yadav v. Mr. Hanuman Manikram Yadav
Prs 1 5 fca 230-13 with cam 368-14 with IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPEALLATE JURISDICTION FAMILY COURT APPEAL NO.230 OF 2013 WITH FAMILY COURT APPEAL NO. 232 OF 2013 WITH CIVIL APPLICATION NO. 368 OF 2014 IN FAMILY COURT APPEAL NO. 230 OF 2013 WITH CIVIL APPLICATION NO. 369 OF 2014 IN FAMILY COURT APPEAL NO. 232 OF 2013 Mrs. Suman Hanuman Yadav ... Appellant V/s.
Mr. Hanuman Manikram Yadav ... Respondent Mr.Manoj G. Patil, Advocate for the Appellant. Mr.J.G.Reddy(Aradwad), Advocate for Respondent. Miss Aarti H. Yadav, daughter of the Appellant present. CORAM : ANOOP V. MOHTA AND RAVINDRA V. GHUGE, JJ.
DATE : 24 APRIL 2017.
FINAL ORDER :
1.
By order dated 8th December, 2016, this Court had noted that the husband and wife at issue have arrived at an amicable
Prs 2 5 fca 230-13 with cam 368-14 with settlement and the Consent Terms have been drawn and duly signed by the litigating sides as well as their respective Advocates. The Consent Terms were marked as "X1" for identification. 2.
This Court, therefore, recorded the statement of the husband that he has agreed to pay an amount of Rs.15,00,000/ to the wife and the final order granting of divorce would be passed only after the amount was paid. The matter was, therefore, adjourned giving time to the husband upto 31st March, 2017 to make the entire payment of Rs.15,00,000/ to the wife and liberty was granted to the litigating sides to move this matter for disposal in terms of the settlement.
3.
We have recorded the statement of the wife on 4th April, 2017 that she has received the entire amount of Rs.15,00,000/. 4.
Pursuant to the above, an additional affidavit has been filed by the husbandMr. Hanuman Manikram Yadav dated 20th April, 2017 indicating that the Gift Deed placed on record alongwith the affidavit, dated 19th April, 2017, would ensure proper compliance of the Consent Terms and especially paragraph 1(d) of "X1". 5.
Learned counsel for the husband submits on instructions that he would abide by the statements made in the affidavit dated 20th April, 2017 and will not resile from the contents of the Gift Deed dated 19th April, 2017. Affidavit dated 19th April, 2017 is separately attached to the said Gift Deed in support thereof.
Prs 3 5 fca 230-13 with cam 368-14 with 6.
Learned counsel for the wife reiterates in her presence that the Consent Terms, contents of the Gift Deed dated 19th April, 2017 and the two affidavits filed by the husband dated 19th April, 2017 and 20th April, 2017 have been explained to her in her mother tongue. She has understood the same and confirms that the settlement has been arrived at between the parties. Learned counsel for the wife points out that the eldest daughter of the wife who is an educated person and conversant with the English language is present in the Court alongwith her mother.
7.
Considering the above, these Appeals as well as the Applications are disposed of in terms of "X1" and the Gift Deed and the two affidavits mentioned above. No costs. (RAVINDRA V. GHUGE,J.) (ANOOP V.MOHTA,J.) ....