Yashwanti Sagar Salgar v. Sagar Dnyaneshwar Salgar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 100 OF 2024 WITH INTERIM APPLICATION NO. 11985 OF 2024 IN FAMILY COURT APPEAL NO. 100 OF 2024 Yashwanti Sagar Salgar ...Appellant/ Applicant

Versus

Sagar Dnyaneshwar Salgar

...Respondent

Mr. Pratik Pawar, a/w Kiran Kuchekar, for the Applicant/Appellant-Wife.

Mr. Rajesh More, for Respondent-Husband.

Ms. Yashwanti Sagar Salgar, Appellant present in Court. Mr. Sagar D. Salgar, Respondent present in Court.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : DECEMBER 14, 2024 PC :

1.

When the above Family Court Appeal is called out today, we are happy to note that the parties have settled their disputes as more particularly set out in the Consent Terms dated 14th December, 2024. The Consent Terms inter alia set out that the parties have agreed to take Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.12.16 18:41:12 +0530 a divorce by mutual consent. The Consent Terms also provide that ASHWINI JANARDAN VALLAKATI

certain payments are to be made as well as transfer of a particular flat. All this has also been done as recorded in the Consent Terms. 2.

The Consent Terms had been signed by the Appellant-Wife and the Respondent-Husband. They are both present in the Court today. They have both stated that they have signed the Consent Terms after reading and understanding the same as well as the implications thereof. The Consent Terms are also signed by the Advocates for the Appellant and the Advocates for the Respondent.

3.

In these circumstances, the Consent Terms dated 14th December, 2024 are taken on record and marked as 'X' for identification. There shall be an order and decree in terms of the Consent Terms. Since both parties requested the Court to pass a decree of divorce by mutual consent, we inquired from the parties if there was any scope of reconciliation. The parties have informed us that there is no scope of reconciliation and they would like to move on with their lives and seek a divorce by mutual consent.

4.

In these circumstances, the marriage of the Appellant-Wife and the Respondent-Husband solemnized on 28th June, 2012, is hereby dissolved by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. The impugned order shall now be substituted by the Consent

Terms dated 14th December, 2024 read with the present order. 5.

The above Family Court Appeal is disposed of in the aforesaid terms. However, there shall be no order as to costs. 6.

In view of the disposal of the above Family Court Appeal, nothing survives in the pending Interim Application and the same is also disposed of accordingly.

7.

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