Payal Sameer Dighe v. Sameer Dinkar Dighe

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FAMILY COURT APPEAL NO. 16 OF 2015 Payal w/o Sameer Dighe Age 32 years, Occ-Service R/o Devanagari, Shahanoorwadi Aurangabad-431 005 .. APPELLANT [ORIG.PETITIONER]

VERSUS

Sameer s/o Dinkar Dighe Age 36 years, Occ-Business R/o Plot No.12, Suyog Bungalow Vyankateshnagar,Jalna Road Aurangabad.

.. RESPONDENT [Orig.Respondent] ...

FAMILY COURT APPEAL NO. 17 OF 2015 WITH CIVIL APPLICATION NO.9614/2015 Payal w/o Sameer Dighe Age 32 years, Occ-Service R/o Devanagari, Shahanoorwadi Aurangabad-431 005 .. APPELLANT [ORIG.PETITIONER]

VERSUS

Sameer s/o Dinkar Dighe Age 36 years, Occ-Business R/o Plot No.12, Suyog Bungalow Vyankateshnagar,Jalna Road Aurangabad.

.. RESPONDENT [Orig.Respondent] Shri R.S.Deshmukh,Advocate for appellant Shri C.K.Shinde, Advocate for respondent.

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CORAM : S.S.SHINDE & V.L.ACHLIYA,JJ.

DATED : 8TH MARCH,2016 PER COURT :- By order dated 16/10/2015 Division Bench of this Court has referred the parties to the Mediator for settlement of dispute between the parties amicably. It appears that the parties suggested name of Advocate Shri K.B.Choudhary as a Mediator. Accordingly matter was referred to the Mediator. The parties arrived at a settlement. Accordingly, joint purshis alongwith terms of compromise have been placed on record. The same are marked as "X" and "Y" respectively for identification purpose.

2] In view of the settlement arrived between the parties and particularly Clause "E" in the compromise terms, the counsel appearing for the respondent handed over the cheque of Rs.3 lakhs to the appellant wife. Respondent has agreed to return the articles mentioned in Schedule-I of the terms of compromise, by today evening.

-33] Both the appellant and the respondent are present in the Court. On enquiry with them they state that they have signed the consent terms voluntarily after understanding the contents recorded. They are not forced or coerced to sign the consent terms. They admit that the contents of consent terms are true and correct and recorded as per settlement. In view of this, we are inclined to dispose of the appeals in terms of consent terms.

4] We appreciate the role played and efforts taken by learned counsels for both the parties and Mediator in settling the matter through process of Mediation.

5] Accordingly, we dispose of both the appeals and pass the following order :

ORDER

[I] Appeals are disposed of in terms of consent terms (marked as Y) [II] The marriage between appellant (wife) and respondent (husband) stands dissolved with immediate effect.

[III] Decree be drawn in terms of consent terms.

-4- [IV] In view of disposal of appeals, Civil Application No.9614/2015 stands disposed of.

(V.L.ACHLIYA,J.) (S.S.SHINDE,J.) umg/