Siddharth Sampatrao Waghmare v. Swati Siddharth Waghmare

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7963 OF 2024 IN CIVIL REVISION APPLICATION NO. 142 OF 2022 WITH CIVIL REVISION APPLICATION NO. 142 OF 2022 Siddhartha Sampatrao Waghmare, Age : 40 Years, Occ. Service, R/o. Flat No. A-601, Madhupuri Apartment, Dahanukarwadi, Kandiwali (East) Mumbai.

..Applicant

VERSUS

Swati Siddharth Waghmare, Age : 35 Years, Occ. Household, R/o. Ahilyadevi Holkar Nagar, Near Blind School, Latur.

.. Respondent .....

Advocate for the Applicant : Mr. Swapnil S. Rathi Advocate for Respondent : Mr. S. V. Natu, in CRA No. 142 of 2022 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : August 02, 2024 ORDER:- 1.

Not on board. Taken on board.

2.

Mediation report is received from the concerned Mediator mentioning that mediation is successful, along with the joint Civil Application of the the rival parties incorporating the consent terms between them, in the application itself.

(2) 3.

The said application is marked 'X' for identification. The contents of this joint application are verified from the parties and they admitted the same. As such, the consent terms incorporated in the application are hereby accepted. 4.

Admittedly, the present applicant by filing Hindu Marriage Petition No. 36 of 2018 had sought for divorce from the respondent-wife. In the said petition, ex-parte decree of divorce was granted in favour of the applicant-husband vide order dated 02.01.2019. However, the respondent-wife then filed Misc. Application No. 3 of 2019 and got the said decree set-aside under order of learned Civil Judge, Senior Division, Latur dated 04.10.2022. Against that order, the present Civil Revision Application is filed by the applicant-husband. 5.

However, now the parties have settled the dispute between themselves by entering into consent terms mentioned in paragraph No.4 of the joint application. According to these consent terms, the respondent-wife has agreed for settingaside judgment and order dated 04.10.2022 whereby decree of divorce dated 02.01.2019 was set aside. It further appears that the applicant-husband has also given lump-sum amount of Rs. 11,00,000/- ( Rupees Eleven Lakh) to the respondent towards full and final settlement in respect of her permanent

(3) alimony. Moreover, the respondent-wife has also agreed for withdrawing two proceedings filed by her against the applicant-husband, namely Criminal Misc. Application No. 503 of 2013 and P.E.R No. 123 of 2023 pending before the Family Court, Latur.

6.

In view of the acceptance of the consent terms incorporated in the present joint Civil Application, the Civil Revision Application No. 146 of 2022 is hereby allowed and the order dated 04.10.2022 in Misc. Application No. 3 of 2019 is hereby quashed and set aside and the decree of divorce dated 02.01.2019 granted in favour of applicant-husband in Hindu Marriage Petition No. 36 of 2018 stands confirmed. 7.

The present Civil Revision Application is accordingly disposed of along with pending civil application. (SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni