Shubhangi W/O Ankush Shekokar v. Ankush S/O Gajanan Shekokar

(1) 934- F.C.A.83-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FAMILY COURT APPEAL NO. 83 OF 2024 SHUBHANGI W/O ANKUSH SHEKOKAR

VERSUS

ANKUSH S/O GAJANAN SHEKOKAR ...

Advocate for Appellant : Mr. Kshitij Surve AGP for Respondent/State: Mr.S. S. Bora ...

CORAM :

NITIN B. SURYAWANSHI AND SANDIPKUMAR C. MORE, JJ.

DATED : 27th JUNE 2025 ORDER:- 1.

The husband and wife both are present today before this Court and they confirm the terms of the settlement. They are identified by their respective learned Advocates.

2.

In the present matter, the mediation is successful and compromise terms are placed on record. Those are marked "X" for identification purpose. In terms of compromise, the demand draft of Rs. 21,00,000/- (Rupees Twenty One Lakh) is handed over to the appellant in the Court today. Photo copy of the same is placed on record, which is marked 'X1' for identification. 3.

Record reveals that respondent-husband filed petition A-No 186 of 2019 in the Family Court, Aurangabad against the wife under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 for divorce. The wife has also filed counter claim for divorce on the ground of cruelty.

(2) 934- F.C.A.83-2024.odt 4.

Before the Family Court, Consent Terms at Exh. 250 were filed. In view of the Consent Terms, counter claim filed by the wife, was disposed of as compromised. Both the parties were directed to file the petition for divorce by mutual consent, as per terms and conditions agreed in Consent Terms Exh. 250 and the Family Court closed the proceedings i.e. Petition No. A-186 of 2019 filed by the husband for divorce.

5.

As the wife retracted from the compromise, no petition for divorce by Mutual Consent was filed before the Family Court. 6.

The wife has challenged the decision of the Family Court of disposing of her counter claim. Now, both the parties have entered into the compromise and settled the dispute in mediation. Taking into consideration the peculiar facts of the present case, we convert the Family Court Appeal into a Petition for divorce by mutual consent, and grant decree of divorce by mutual consent to the parties in terms of the compromise.

The decree be drawn up accordingly.

(SANDIPKUMAR C. MORE) (NITIN B. SURYAWANSHI ) JUDGE JUDGE Y.S.K.