Vishal Ashok Suryawanshi v. Manisha Vishal Suryawanshi

1 FCA-9.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FAMILY COURT APPEAL NO. 09 OF 2016 WITH CIVIL APPLICATION NO. 96 OF 2016 Vishal Ashok Surywanshi ...APPELLANT versus Manisha W/o Vishal Suryawanshi ...RESPONDENT .....

Mr. P.P. Khandale Patil, Advocate for Appellant Mr. Pooja V. Langhe, Advocate for respondent .....

CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 27th JUNE, 2016.

Order :-

1. Present appeal is filed against decree passed by Family Court in the petition filed by present respondent for restitution of conjugal rights.

2.

At the request of parties the matter was referred to the learned Mediator for mediation. As per the report of learned Mediator, mediation has been successful.

3.

The parties have placed on record terms of settlement. Pursuant to terms of settlement, the appellant has paid amount of Rs. 3,25,000/- (Rupees Three Lakhs Twenty Five Thousand) to respondent - wife towards permanent alimony. The parties have agreed to file petition for consent divorce before the Family Court.

2 FCA-9.16 4.

The parties to the present petition are present before the Court. They accept of having signed the settlement. They are identified by their respective counsel. The appellant and respondent admit the contents of terms of settlement and their respective signatures on it. Respondent - wife has admitted that she has received Rs. 3,25,000/- (Rupees Three Lakhs Twenty Five Thousand) from the appellant towards permanent alimony.

5.

In light of the above, impugned judgment and decree dated 29-08-2015 in Petition No. A-56 of 2014 passed by Principal Judge, Family Court, Aurangabad is quashed and set aside. 6.

Family Court Appeal stands disposed of accordingly. 7.

In view of disposal of Family Court Appeal, nothing survives for consideration civil application and the same stands disposed of. No costs.

Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK