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Bombay High CourtCA/3903/2018disposed offdismissed for default

Nitin Shantilal Gandhi v. Snehal Nitin Gandhi @ Snehal Kantilal Bhandari

2020-02-26Hon'Ble Shri Justice K. K. Sonawane2 pages

{1} FA 1070 OF 2018 & CAs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.1070 OF 2018 NITIN SHANTILAL GANDHI

VERSUS

MRS.SNEHAL NITIN GANDHI @ SNEHAL KANTILAL BHANDARI ...

Advocate for Appellant : Mr.R.N.Dhorde i/b. Mr.Pravin S. Dighe Advocate for Respondent : Mr.Niteen V. Gaware ...

WITH CA/3903/2018 IN FA/1070/2018 WITH CA/3902/2018 IN FA/1070/2018 WITH CA/12633/2018 IN FA/1070/2018 WITH CA/5614/2019 IN FA/1070/2018 ...

...

CORAM : K.K.SONAWANE, J.

DATE: 26th February, 2020 PER COURT:- 1.

Not on board. Taken on board.

2.

Heard learned counsel for the appellant and learned counsel for the respondent.

3.

It has been submitted that the marital discord between the spouses has already been settled amicably and both the spouses have mutually agreed to dissolve their marital knot and prefer to reside separately from each other. It has also been agreed that minor son Rudra will remain in custody of mother forever subject to access to the father during certain period. 4.

The consent terms are reduced into writing. Both the spouses verifed it and accepted the same by putting their signatures before the concerned Ofcer of this Court. The document of consent terms is produced before this Court. The

{2} FA 1070 OF 2018 & CAs same is taken on record and marked as Exhibit-'X' for identifcation.

5.

This Court duly verifed the consent terms with both the spouses. The spouses i.e. appellant and respondent submit that they have gone through the entire terms of consent deed fled on record and they accept the same. They identifed their signatures on the consent terms. Both the spouses agreed to dispose of present appeal in terms of consent deed produced on record in this case.

6.

In view of amicable settlement of marital dispute between both the spouses, there is no impediment to dispose of present appeal in terms of consent deed produced on record. Therefore, appeal stands disposed of in terms of consent deed. The impugned Judgment and order passed by the learned District Judge-6, Ahmednagar in Marriage Petition No.11 of 2015, dated 10.01.2018, is hereby quashed and set aside. In view of consent terms, the marital relations between both the spouses stand dissolved under provision of Section 27(1)(d) of the Special Marriage Act, 1954. The terms of consent be treated as part and parcel of the present order. Accordingly, appeal stands disposed of.

7.

In view of disposal of the appeal, pending civil applications also stand disposed of.

( K.K.SONAWANE ) JUDGE SPT