Albino Oswi Anthony Figueiredo Thr His Mother Maria Francisca Almeida E Figueiredo v. Vania Marissa Fernandes
2025:BHC-GOA:2356 Jose
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.467 OF 2025 Mr. Albino Oswi Anthony Figueiredo Son of late Arlindo Joao Joaquim Figueiredo, Aged 42 years, unemployed, Resident of House Number 29/B, Bairro Olvaddo, Carmona, Salcete, Goa 403717.
through my mother Mrs. Maria Francisca Almeida E Figueiredo, wife of late Arlindo Joao Joaquim Figueiredo, age 67 years, Housewife, widow, Resident of House Number 29/B, Bairro Olvaddo, Carmona, Salcete, Goa 403717 ... Petitioner.
Versus
Mrs. Vania Marissa Fernandes, Wife of Mr. Albino Oswi Anthony Figueiredo, Daughter of Mr. Nelson Jose Caetano Fernandes, Aged 34 years, teacher, Permanent resident of House Number 29/B, Bairro Olvaddo Carmona, Salcete, Goa 403717, Presently residing at c/o Mr. Nelson Jose Caetano Fernandes, House Number 233/FF-1, First Floor, Asian Plaza, D'Mello ward, Carmona, Salcete, Goa-403717 ... Respondent.
Mr. Mr. Vivek Vaz, Advocate for the Petitioner. Mr. J. J. Mulgaonkar, Advocate for the Respondent.
CORAM:
VALMIKI MENEZES, J.
DATED:
ORAL JUDGMENT:
1.
Registry to waive office objections and register the matter. 2.
Rule. Rule made returnable forthwith. With the consent of the parties, petition is disposed of finally.
3.
The parties have come to Consent Terms, which are placed on record and marked 'X' for identification. Apart from the other terms stated therein, the Petitioner has agreed that the custody of the child shall be with the mother, and he shall have visitation in the manner stated in the terms contained therein.
4.
Both parties are present in Court and have been identified by their respective Advocates. The parties confirm their signatures on the Consent Terms and have stated that the same have been arrived at without coercion and of their own free will. 5.
On going through the Consent Terms, they appear to be fair to both parties, considering the well-being of their child and keeping the interest of the child above all things. The present petition shall stand disposed of in terms of these Consent Terms.
6.
Rule is made absolute in terms of the Consent Terms.
7.
Considering that the Consent Terms shall now operate in the matter of custody between the parties, with respect to their child, the Court of the Judicial Magistrate First Class at Margao, dealing with DV Case No. PWDVA 39/2025/III, shall dispose of the interim application for custody pending before it, by placing on record a signed copy of these Consent Terms along with the authenticated copy of this order.
8.
Needless to state, the Magistrate may adjourn the hearing of the DV case, thereafter, to any date in the month of January 2026 to enable the parties to adhere to and operate the Consent Terms. The parties shall report to the DV Court on the next date of hearing. 9.
Petition is disposed of in terms of the rule issued above. 10.
Parties to act on the authenticated copy of this order. VALMIKI MENEZES, J.
Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 02/12/2025 14:29:38