Anjana Sachin Bhosale v. Sachin Laxman Bhosale And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.108 OF 2024 Anjana Sachin Bhosale .. Appellant/ Org.Respondent No.1

Versus

Sachin Laxman Bhosale & Anr.

.. Respondents Org.Petitioner & Respondent No.2 Mr.Sandeep Sharma, Advocate for the Appellant-Wife. UTKARSH KAKASAHEB BHALERAO Mr.T.V. Chavan, Advocate for Respondent-Husband. UTKARSH KAKASAHEB BHALERAO Date: 2024.12.04 12:00:25 +0530 Mrs.Anjana Bhosale, Appellant-Wife is present. Mr.Sachin Bhosale, Respondent-Husband is present.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : NOVEMBER 29, 2024 P. C.

1.

Mentioned. Taken out of turn.

2.

The learned advocate appearing on behalf of the AppellantWife and the Respondent-Husband stated that the differences between the Appellant-Wife and the Respondent-Husband have been settled as recorded in the Consent Terms dated 29th November 2024. The Consent

Terms inter alia provide that the order of the Family Court granting a divorce to the Respondent-Husband on the ground of cruelty be set aside and their marriage be dissolved by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955. The Consent Terms also provide that by way of full and final settlement, the Respondent-Husband shall pay a sum of Rs.9,50,000/- to the Appellant-Wife in a manner more particularly set out in clause (e) of the Consent Terms. In short, Rs.3,00,000/- would be paid on the date of filing of the present Consent Terms; Rs.3,25,000/- would be paid on the date of withdrawal of proceedings pending before J.M.F.C. 17th Court at Borivali, Mumbai bearing No.299/DV/2018; and Rs.3,25,000/- would be paid on the date of pronouncement of Judgment of quashing in favour the RespondentHusband and other accused in FIR bearing C.R.No.23 of 2019. 3.

The Appellant-Wife and the Respondent-Husband are present in Court today. They have both stated to the Court that they have signed these Consent Terms of their own free volition and after reading and understanding the same as well as the implications thereof. 4.

The Consent Terms are also signed by the advocates for the Appellant-Wife and advocates for the Respondent-Husband.

5.

In these circumstances, the Consent Terms dated 29th November 2024 are taken on record and marked 'X' for identification. There shall be an order and decree in terms of the Consent Terms, save and except the granting of a decree of divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955. That will be passed once the entire payment of Rs.9,50,000/- is done by the RespondentHusband to the Appellant-Wife. To that extent, the above Family Court Appeal is kept pending.

6.

The parties are at liberty to move this Court for passing the decree of divorce by mutual consent once the entire payment is made as more particularly set out in the Consent Terms. 7.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]