Bombay High CourtFCA/51/2016dispossed offdismiss for default

Jawahar S/O Jamunaprasad Gaur v. Sau. Sunita W/O Jawahar Gaur

2016-10-24Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Kum. Justice Indira Jain2 pages

FCA51-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FAMILY COURT APPEAL NO. 51/2016 (JAWAHAR JAMUNAPRASAD GAUR VERSUS SUNITA JAWAHAR GAUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.S. Lambat, counsel for the appellant.

Shri T.B. Pantawane, counsel for the respondent. CORAM : SMT. VASANTI A NAIK AND KUM. INDIRA JAIN, JJ.

DATE : OCTOBER 24 , 2016.

By this family court appeal, the appellant-husband had challenged the judgment of the family court dated 13.06.2016, dismissing the petition filed by him for a decree of divorce under section 13(1)(ia) of the Hindu Marriage Act, 1955.

The parties were referred to a mediator with their consent. The dispute between the parties was settled with the intervention of the mediator and a compromise-deed was signed by the parties on 18.10.2016.

The learned counsel for the parties state that the marriage solemnized between the parties on 24.06.2012 should be dissolved by a decree of divorce in terms of the terms and conditions mentioned in the compromise pursis, dated 18.10.2016.

The parties are personally present in the court, today. They state that they are ad idem over the terms mentioned in the compromise-deed, dated 18.10.2016. The respondent-wife admits that she has received a sum of Rs.2,50,000/- from the appellant towards the full and final settlement. The compromise-deed is signed by the parties in

FCA51-16 the presence of the mediator, on 06.10.2016. The compromise-deed is also signed by the counsel for the appellant and the respondent.

We have perused the terms of the compromisedeed. The terms are just and reasonable. Hence, the family court appeal is disposed of in terms of the compromise-deed, dated 18.10.2016. The marriage solemnized between the parties on 24.06.2012 stands dissolved by a decree of divorce. A decree be drawn accordingly.

JUDGE JUDGE APTE