Bombay High CourtFCA/60/2018disposedoff

Smt. Pooja W/O Roopnarayan Tiwari v. Shri Roopnarayan S/O Bhagawati Prasad Tiwari

2019-05-02Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

0205fca60.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FAMILY COURT APPEAL NO. 60 OF 2018 (Smt. Pooja w/o Roopnarayan Tiwari vs. Shri Roopnarayan s/o Bhagwati Prasad Tiwari) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : SUNIL B. SHUKRE & PUSHPA V. GANEDIWALA, JJ.

MAY 02, 2019.

Heard Mrs. P.M. Chandekar, learned counsel for the appellant and Shri A.N. Ansari, learned counsel for the respondent.

Both parties have filed a joint application, CAO No. 991 of 2019, praying for passing a decree of divorce by mutual consent, thereby dissolving the marriage dated 19.04.2014 between the parties, on the terms mentioned in the Settlement Deed dated 23.04.2019.

The appellant and the respondent are personally present before this Court and they are duly identified by their respective learned counsel. They state that they have mutually settled their dispute between them and desire that their marriage be dissolved by a decree of the Court. In view of the above, we are satisfied that the settlement is of voluntary nature and both the parties are convinced about the non-workability of their marriage. Therefore, we propose to confirm the impugned judgment dated 12.06.2018 passed by the Family Court No. 4, Nagpur, with the modification to be incorporated therein as regards the

0205fca60.18 terms and conditions of the Settlement reached between the parties.

The marriage of the appellant with the respondent is hereby dissolved on the basis of mutual consent and in terms of the terms and conditions incorporated in the Settlement Deed dated 23.04.2019 and with these modifications, the impugned judgment and decree dated 12.06.2018 is hereby confirmed.

Family Court Appeal as well as CAO No. 991 of 2019 are disposed of accordingly. The parties to bear their own costs.

JUDGE JUDGE *GS.