Rahul Tulshiram Shambharkar v. Sau. Pradnya W/O Rahul Shambharkar

2025:BHC-NAG:5978-DB 1 903) FCA 16-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 491 OF 2025 IN FAMILY COURT APPEAL NO. 16 OF 2017 RAHUL TULSHIRAM SHAMBHARKAR ...Vs...

SAU. PRADNYA W/O. RAHUL SHAMBHARKAR Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri P.V.Palhade, Advocate for appellant.

Ms. Amruta A. Ghonge, Advocate for respondent. CORAM: SMT. M.S.JAWALKAR AND PRAVIN S. PATIL, JJ.

DATED : 25th JUNE, 2025.

The present application is filed for grant of permission to withdraw the amount.

2.

The withdrawal of amount is permitted as per Clause (3) of the compromise agreement.

3.

Out of Rs. 50 lakh, the amount of Rs. 40 lakh will be transferred in the bank account of respondent/wife and Rs. 5 lakh each shall be deposited in the Fixed Deposit Account in any nationalized bank in the name of minor daughters namely Dhammapada and Sangapada till they attain the age of majority.

4.

Registry is directed to release the amount after due verification of the bank details.

5.

Accordingly, the application stands disposed of.

2 903) FCA 16-2017.odt FAMILY COURT APPEAL NO. 16 OF 2017 6.

It appears that, the matter is settled before the learned Mediator and the terms of settlement are recorded. The petitioner/husband as well as the respondent/wife are present in-person today. Both of them have filed the joint application for conversion of Family Court Appeal No. 16/2017 into the Petition for divorce by mutual consent as both the parties are ready for decree of divorce by mutual consent. The joint application filed by the petitioner and the respondent is taken on record and it is marked as Exh. 'A' for identification. Similarly, the supporting affidavit as an affidavit in lieu of evidence is also taken on record. The compromise agreement along with mediation report is also taken on record and it is marked as Exh. 'X' for identification.

7.

Both the parties agreed to compromise terms. In view of the application, the permission is granted to convert the Family Court Appeal into Petition for grant of dissolution of marriage by mutual consent. After amendment is carried out, converting the Family Court Appeal into Petition for grant of dissolution of marriage by mutual consent, the same shall be disposed of as per following terms:- i) It is hereby declared that, the marriage between the petitioner and the respondent which was solemnized on 21/04/2002 is hereby dissolved by mutual consent.

3 903) FCA 16-2017.odt ii) The decree be drawn up as per compromise agreement which is marked as Exh. 'X' and which is part and parcel of decree.

8.

Accordingly, the petition stands disposed of. (PRAVIN S. PATIL, J.) (SMT. M.S.JAWALKAR, J.) B.T.Khapekar