Bonafacia Emelia Abreu v. Francis Savio D Souza

2025:BHC-GOA:1354 SA 43 of 2024 Esha

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO.43 OF 2024 BONAFACIA EMELIA ABREU ... APPELLANT

Versus

FRANCIS SAVIO D SOUZA ... RESPONDENT Mr. John Abreu Lobo, Advocate for the Appellant. Mr. Vibhav R. Amonkar, Advocate for the Respondent. CORAM:- BHARATI DANGRE, J.

DATED :- 29th July, 2025 P.C:

In continuation of the earlier attempts to settle the discord, consent terms dated 29.07.2025 signed by the Appellant and the Respondent along with their respective Counsel, are placed before me. The parties are also present before me and confirm to the specific stipulations in the consent terms being taken on record and marked 'X' for identification.

2. The consent terms clearly record that the Appellant does not contest the divorce being granted under Article 4(8) of the Law of Divorce and as a result thereof, the decree dated 02.06.2021 passed in Matrimonial Petition No. 1/2004/A, stand modified to the extent that the Respondent-Husband would pay an amount of Rs.50 lakhs to the Appellant-Wife instead of Rs.25 lakhs ordered as permanent maintenance.

29th July, 2025

SA 43 of 2024 The manner in which the amount would be disbursed in favour of the Appellant is categorically set out in Clause (iii) and accordingly, two Demand Drafts as mentioned in Clause (iii) are already handed over to the Appellant-Wife.

An understanding is also recorded as regards the gold ornaments of the Appellant, which are received by her from the family members as a wedding gift, will be returned by the Respondent to the Appellant forthwith.

3. In the wake of the understanding arrived between the parties, the Appellant has undertaken not to prosecute Second Appeal No. 44 of 2024 as well as Writ Petition No. 597 of 2024 pending before this Court, they deserve a disposal as being withdrawn.

4. The consent terms placed before me are stated to have been signed on fully understanding the contents thereof. In Clause 8 of the consent terms it is specifically stated that the consent terms are signed by the parties without any duress or coercion or undue influence of whatsoever nature.

5. In the wake of the 'Consent Terms' which are taken on record, the Second Appeal stands disposed of.

Decree be drawn accordingly.

BHARATI DANGRE, J.

Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 29/07/2025 21:13:12 29th July, 2025