Ms. Manisha Vijaykumar Bafna v. Mr. Vijay Gulabchand Bafna

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 300 OF 2014 Mrs. Manisha Vijaykumar Bafna ..Appellant v/s.

Mr.Vijaykumar Gulabchand Bafna.

..Respondent Mr. H.P. Vyas for the Appellant.

Mr. Y.G.Thorat i/b. Mr.A.B.Tajane for the Respondent.. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : MAY 06, 2015.

P.C.

1.

Parties have settled their disputes amicably and have filed consent terms as follows:

i) The parties have agreed for divorce by mutual consent under Section 13 B of the Hindu Marriage Act, 1955 and they have agreed for treating the Petition No.A-616 of 2012 as a petition for divorce by mutual consent and further agreed for the consent decree under Section 13B in the present Family Court Appeal No.300 of 2014. ii) By mutual consent of the Appellant and the Respondent the

decree of divorce under Section 13B of the Hindu Marriage Act is passed in the present Family Court Appeal No.33 of 2014 on the following terms:- " That the appellant and the respondent in the Family Court Appeal No.300 of 2014 have amicably settled the dispute between then and decided to obtain divorce by mutual consent under Section 13 B of the Hindu Marriage Act and accordingly the decree for divorce is passed and the marriage between the Appellant and the Respondent is dissolved by decree of divorce under Section 13B of the Hindu Marriage Act. Neither party have any claim against each other in respect of the marital relations as well as in respect of the properties of either parties in the present, past and future. The Respondent husband has agreed to pay an amount of Rs.

4,00,000/- towards the full and final settlement of all the claims including maintenance, permanent alimony etc and thereafter nothing is due and payable from the Respondent Husband. Accordingly, Demand Draft of Rs.2,00,000/- drawn in the name of Manisha Siroya which is the maiden name of Manisha Vijaykumar Bafna dated 30.4.2015 of Central Bank of India bearing No.

Rs.,2,00,000/- drawn in the name of Manisha Siroya which is the maiden name of Manisha Vijaykumar Bafna dated 30.4.2015 of Bank of Maharashtra bearing No.769020 is handed over to the Appellant today on 06.05.2015 in the court and the same are accepted towards the full and final settlement of all the claims against the Respondent. Both the parties will withdraw all the alelgations made against them as well as withdraw all other Civil and Criminal Cases filed by them against each other after passing the decree of divorce by this Honourable Court. The Appellant undertakes to withdraw Family Court Appeal No.50 of 2015 filed in the Honourable High Court at Bombay. The Respondent undertakes to withdraw the execution proceedings No.Regular Darkhast No.563 of 2013 in P.A.No. 994 of 2011 filed in the Family Court at Bandra."

2.

The Appellant and the respondent are personally present in the court. On specific query they state that they have gone through the consent terms and understood the same. They state that the above Family Court Appeal be disposed off in terms of the consent terms. In the light of this statement the consent terms are taken on record and marked "X" for identification. Statement and undertaking accepted.

3.

Appeal is disposed of in terms of the consent terms. Accordingly, Decree be drawn as per the consent terms. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.)