Virendra Joshi v. Namita Joshi

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.111 OF 2019 IN WRIT PETITION NO.5685 OF 2018 [Virendra Joshi Vs. Namita Bakshi] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Sainand V. Chaugule, Advocate for Applicant. Ms. Namita Bakshi, respondent is present in person. CORAM : R. G. KETKAR, J.

DATE : 17/01/2019 P.C.:

1.

Heard Mr.Sainand Chaugule, learned Counsel for the applicant and Ms. Namita Bakshi, the respondent appearing in person.

2.

Mr. Chaugule has invited my attention to the modified consent terms dated 22.11.2018 executed by the parties before the Marriage Counsellor, Family Court Mumbai at Bandra. In clause (8) of the modified consent terms, the wife has has given consent to the husband to withdraw Rs.6,70,000/- deposited in this Court. He states that the applicant will not withdraw the consent before passing the decree dissolving marriage by mutual consent. In case, the applicant withdraws the consent, he undertakes to deposit Rs.6,70,000/- in this Court along with accrued interest at such rate and within such time as may be directed by the trial Court. Undertaking given on behalf of the applicant is accepted.

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Ms. Bakshi has tendered a photo-copy of her Aadhaar Card, which is taken on record and marked 'X' for identification. She states that in view of the consent terms, she has no objection for the husband withdrawing the amount.

4.

Subject to above, Civil Application is allowed in terms of prayer clause (a) with no order as to costs. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)