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Bombay High CourtFCA/8/2016

Mrs. Disha Abhishek Halder v. Mr. Abhishek Mihir Halder

2018-03-12Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

2.8.16-fca.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.8/2016 Ms. Disha Abhishek Halder ... Appellant V/s.

Abhishek Mihir Halder ... Respondent Mr. Ramesh Gupta i/b. Vijay M. Vaghela for the Appellant Mr. Ramesh Yadav i/b. Jai P. Mishra for the Respondent.

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

MARCH 12, 2018 P.C. :

Heard the learned counsel for the parties.

The learned counsel for the Appellant submits that the Appellant is present in court.

The learned counsel for the Respondent submits that the Power of Attorney, father of the Respondent is present in court. He submits that the a copy of the Power of Attorney has already been placed on record. Same is verified.

Both the counsel submit that the matter is settled out of court. They tendered Consent Terms dated 12.03.2018. Same is taken on record and marked "X" for identification.

The learned counsel for the parties have also given in writing on Farad stating that the Respondent be allowed to deposit Demand Draft of Rs.5,00,000/- and stridhan articles in the Registry of this Court. Same is taken on record and marked "X1" for identification. Basavraj G. Patil 1/2

2.8.16-fca.doc Both the parties submit that they would comply with clauses (2) and (3) of the Consent Terms during the course of the day. The Registry to accept the demand draft and articles as mentioned in Exhibit-A annexed to the Consent Terms.

The Family Court Appeal stands disposed of in terms of the Consent Terms. The Consent Terms shall be treated part and parcel of the decree.

All undertakings given by the parties in the Consent Terms are accepted.

In second session at 5.00 pm After passing the aforesaid order, the learned counsel for the Respondent submits that instead of depositing the articles in the Registry they have decided to hand over the same to the Petitioner through her Advocate during the course of the day along with a Demand Draft of Rs.5 lacs. Same is done. Same is permitted. The learned counsel for the Respondent submits that they received the articles (Stridhan) as described in Exhibit-A to the Consent Terms along with a Demand Draft of Rs. 5,00,000/-. He submits that during the course of the day, he will issue a receipt to that effect in favour of the Respondent. The statement is accepted. 11.

Family Court Appeal stands disposed of accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Basavraj G. Patil 2/2