Bhushan Santosh Bhere v. Bhavana Alias Pournima Bhushan Bhere

1/4 906 wp 6838 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.6838 OF 2024 Mr.Bhushan Santosh Bhere .... Petitioner

Versus

Mrs.Bhavana @ Pournima Bhushan Bhere .... Respondent .....

Mr.Prashant Kamble a/w. Ms.Rupali Kamble, Advocate for the Petitioner.

Mr.Nitesh Bhutekar a/w. Ms.Swati Chheda and Mr.Aniket Nangare, Advocate for the Respondent.

Ms.M.S. Srivastava, AGP for Respondent-State. .....

CORAM : MADHAV J. JAMDAR, J.

DATED : 09.04.2025.

P.C. :

Heard Mr.Prashant Kamble, learned counsel appearing for the Petitioner and Mr.Nitesh Bhutekar, learned counsel appearing for the Respondent. Both the learned counsel state that parties have settled the dispute and tender the Consent Terms.

The Petitioner Bhushan Santosh Bhere and

2/4 906 wp 6838 of 2024.doc Respondent Bhavana @ Pournima Bhushan Bhere are personally present in Court. Both of them state that the dispute between them is settled in terms of the Consent Terms. The Consent Terms are signed by the Petitioner and Respondent as well as their respective Advocates. The respective Advocates identifies the signatures of respective parties. Accordingly, the Consent Terms are taken on record and marked "X" for identification. The Consent Terms read as under:

"CONSENT TERMS

1. The Petitioner states that the Petitioner and the Respondent married on 04.03.2020, according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties.

2. The petitioner states due to irreconcilable differences, disputes arose between the parties, resulting in the following legal proceedings:

a) D.V. Case No.34/2023, pending before Shahapur Court, filed by the mother of the petitioner against the Respondent.

b) Proceedings u/s 7 of Guardian and Wards act, 1890 for the custody of Daughter Sara filed by the petitioner in Kalyan court case bearing No.158 of 2024.

c) Proceedings u/s 198-A, 323, 504, 506 and 34 and pending before Shahapur Court, Case No.45 of 2024 filed by the Respondent against the Petitioner and against the in-laws.

3/4 906 wp 6838 of 2024.doc d) D.V. Case No.6 of 2024, pending before Murbad Court, filed by the mother of the Respondent against the Petitioner.

e) Proceedings under 125 of Cr.P.C. Case No.6 of 2024, pending before Murbad Court, filed by the Respondent against the Petitioner.

3. The petitioner states that by order dated 23.10.2024 this Hon'ble court directed both the parties to reside together given various directions and kept the matter under the caption of settlement on 9th December 2024. The petitioner further states that in view of the order dated 23rd October, 2024 the petitioner and the respondent filing the consent terms.

4. Both the parties agree that the interim arrangement as per the order dated 23rd October 2024 shall continue mutually. Additionally, the petitioner shall pay a monthly maintenance of Rs.7000/- (Rupees Seven Thousand Only). And Both parties and their respective relatives shall be allowed to meet and greet the minor child (Sara) at mutually convenient times, ensuring the child's welfare is not affected. The respondent shall be allowed to visit her paternal home.

5. It is clarified by the Respondent that the gold ornaments (streedhan) received by her from her paternal family as well as from her in-laws, the gold ornaments (Streedhan) is not with Respondent, even the same is not with the petitioner and the Petitioner's family (inlaws) should not claim for the same in future. The gold ornaments of daughter Sara is lying with the Respondent i.e. (One gold chain and one earring).

6. The parties have mutually decided to settle all disputes amicably and resolve or withdraw all pending matrimonial proceedings, subject to the terms outlined below.

7.

This agreement is entered into voluntarily, without coercion, undue influence, or fraud, and after due consideration fo their respective rights and obligations.

4/4 906 wp 6838 of 2024.doc

8. Both parties shall execute necessary documents and appear in court as required to facilitate the withdrawal or resolution of all proceedings.

9. The parties agree that this settlement constitutes a final resolution, and neither shall pursue further legal action against the other based on events prior to this agreement.

10. Both parties affirm that these consent terms are entered into freely and voluntarily, with the opportunity to seek independent legal advice, and without any duress or misrepresentation.

11. In the light of the above, the Writ Petition may be disposed off in terms of these consent terms with no order as to cost."

The various statements made in the Consent Terms are accepted as undertakings given to this Court. 6.

Accordingly, the Writ Petition No.6838 of 2024 is disposed of in terms of the Consent Terms, with no order as to costs.

(MADHAV J. JAMDAR, J.)