Sunil Shivdhari Rajbhar v. Satyawati Sunil Rajbhar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.
OF 2024 DIST-MUMBAI Mr. Sunil Shivdhari Rajbhar Petitioner t V/s Smt. Satyawati Sunil Rajbhar ... Respondent INDEX SR.NO.
PARTICULAR &DATES PAGES No.
1.
Original copy of consent terms 1-5 Docket 4.
Last page Mumbai Dated : 08/08/2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.
DIST-MUMBAI Mr. Sunil Shivdhari Rajbhar ) Age- 43 years. Occupation-nil ) R/o 807, ShivShankar Nagar, S.P. Road ) Bhole'Mitra Mandal, Near Vidyalankar ) College, Wadala (East), Mumbai-400037.
)
...Petitioner
Versus
Smt. Satyawati Sunil Rajbhar ) Age:- 39 years, Occ:- Business ) Gauran Galaxy Phase - 1, ) Flat No.004 D - wing ) >■ Opp. Vijay Park, Mira Road, ) Dist Thane ) 401,107 ... Respondent CONSENT TERMS
1. This consent term is made and entered into on 08'^ August, 2024 between the Petitioner and Respondent as a full and final settlement to dissolve their marriage which was solemnized on 29**^ May, 2010 as per Hindu 4.
I I Vedic Rites and custom at their Native Place Village - Raghupur I Bahrikenar Sewapuri Dist Bhadohi, State Uttar Pradesh.That both the parties are residing separately since 2011 and there is no issue bom out of the said wedlock.
2. That the Respondent had filed the several litigations at Uttar Pradesh and I Mumbai i.e the private complaints under section 498A, 504, 323, 506 of IPC bearing Petitioner No. 770/2011 and Petition no bearing 31/2011 under section 125 of Cr.p.c before learned Chief Judicial Magistrate court Bhadohi Gyanpur (UP), and Civil M.A No 120 of 2022 and Criminal Regular Darkhast No. 75 of 2022 at Family Court , Bandra which are pending. The Respondent had also filed Marriage Petition No. A-255Iof 2017 for restitution of conjugal right which was dismissed for default on
10. 05. 2022 and thereafter a Civil M.A No 120 of 2022 for the restoration of the said dismissal order is pending . The Petitioner has filed I.
Marriage Petition no. A -1129 of 2018 for divorce , which is also pending before Family Court, Bandra .
That both the parties are filling this consent term for their the dissolution of the marriage and have decided to amicably settle all the issues on the following terms and conditions as mentioned hereunder;
1. That the both the parties have agreed that the Petitioner will pay a sum of z( xzyi o yij by Rs. 7,00,000 /- ( Rupees Seven Lakhs Only) by way of permanent apmony in full and final settlement of all the claim of the Respondent against the Petitioner .
II. It is further agreed that the Petitioner has already deposited Rs. 2,50,000/- in the Account department of Family Court, Bandar as per the Order dated 23 .02.2024 and rectified by 01 03.2024 passed by Hon'ble Lordship Mr. Justice Rajesh S. Patil. As parties agreed to settled all the dispute and as per this consent term the Petitioner agreed to deposit the further remaining amount of Rs. 4,50,000/- before the Family Court Bandar in pending Petition No. A- 1129 of 2018 with in 15 days from the date of the filing this consent term in this Hon'ble Court.. Ill. It is further agreed by both the parties that the permanent alimony in full and final settlement of the claim of Rs.
7,00,000/- will be lie in the Account department of the Family Court Bandra , she cannot withdraw the money unless the Respondent wife withdraw all the litigation mentioned below in the para No. 4 of the consent terms. And both the parties are further agreed, declared and confirmed that they will dissolve the marriage by filling mutual consent divorceand for that they will convert the Divorce petition bearing No. A-1129/2018 into section 13(B) of Hindu Marriage Act.i.e mutual Divorce . Whereas after the dissolution of said marriage the respondent shall entitled to withdraw the amount of Rs. 7,00,000/- from the Family Court, Bandra, Mumbai, is clearly agreed and understood by the parties.
IV. The Respondent agreed to withdraw all the litigation with in one month or as soon as possible after the Petitioner deposit the remaining part full and final alimony of sum of Rs. 4,50,000/-( Rs. Four lakhs and fifty thousand ) a I
in the Family Court Bandra . The respondent agreed to produce the certificate/certified copy of the withdraw/dismissal of litigation as mentioned below :
The private complaints under section 498A, 504, 323, 506 of IPC bearing a.
[ Petitioner No. 770/2011 before Hon'ble Chief Judicial Magsitrate , Bhadohi Gyanpur (UP).
i b. The Petition no bearing 31/2011 under section 125 of Cr.p.c before Hon'be; k Addl Chief Judicial Magistrate Court Bhadohi Gyanpur (UP). Civil M.A No 120 of 2022 at Family Court. Bandra for restoration of Petition c.
No. A-2551/2017.
Criminal Regular Darkhast No. 75 of 2022 at Family Court, Bandra. d.
The respondent confirm and declared that all her belonging, jewelry and valuable is V.
in her position (stridhan )and she shall not make any claim from the petiti6ner in the future and so also the Petitioner also confirmed and declared that respondent is not having any articles, valuable in her position which belong to Petitioner. The Respondent also agreed to waived off her all arrear as mentioned in the Darkhast No. 75/ 2022 as full and final permanent Alimony and will not claim in future The petitioner and the respondent will unconditionally from the Petitioner.
withdraw all the complaint/allegation made against each other and or against their respective families in the court or in the police station. VI. Both the parties are agreed, declared and confirmed that after dissolution of their 'A.
marriage dated 29.05.2010 by mutual consent u/s 13 (B) of Hindu Marriage Act and thereafter both the parties are free to perform their second marriages as per r* •5
their free choice and parties shall not interfere in personal life of each other and or either of them shall not file any complaint/case/ claim against each other in future is clearly agreed and understood by the parties. VII. That both the parties are filing this consent terms with their free will and without any outward pressure and or coercion upon them and the terms and condition of this consent terms are equally binding on both the parties Under the circumstances kindly keep this consent term dated 08/08/2024 on record and according direction may be given to approach the concerned Family Court for the decree of Divorce by way of Mutual Consent. Dated this 08^ August , 2024 0 8 AUG 202i Mumbai ADVOCATE FOR PETITIONER PETITIONER (Mrs. Shail M. Chaudhary) (Sunil Shivdhari Rajbhar) ADVOCATE FOR RESPONDENT RtSPONDENT J.P.Mishra) (Satyawati Rajbhar) n \ c ''
U T// V BEFORE ME i ''*9- *' »>Vt'
Adv. S N, Dhanage Notary Govl Of India Regd. No. 15376 MUMBAI (MS;
404'405. 4th Floor. Davar House.
.07/199. Near Central Camera ftldg DN Road Fort. Mumbai - 400001 REGiSTERED 1^ liiLj fci?
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IN THE HIGH COURT OF JUDICATURE AT
BOMBAY CIVIL APPELLATE JURISDICTION OF 2024 WRIT PETITION NO.
DIST-MUMBAI Mr. Sunil Shivdhari Rajbhar Petitioner V/s t Smt. Satyawati Sunil Rajbhar ... Respondent Consent Terms \4.
Dated this 08'^ August, 2024.
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Mrs. Shai! Chaudhary. Code No. 1-9242 Advocate for Petitioner Office at Shop Nop. 2. Building No. 15 D , Kalpak Estates, S.M Road, Antop Hill, Mumbai 4000 037.
Mobile No. 9821184798 Email Id. advshailchaudhary@gmail.com