Rakesh Dattatraya Mirajkar v. Sau.Avanti @ Pooja Rakesh

Mr.A.A.Garge a/w Prerna Silimkar for the appellant in FCA/48/2010. Mr Rahul Walvekar, for appellant in FCA/76/2007 and respondent in FCA/48/2010. Mr Satish Deshmukh i/b P.V.Samant, for respondent in FCA/76/2007. Both parties are present in court. CORAM : D.B.BHOSALE & M.L.TAHALIYANI,JJ. DATE : 21/10/2011. PC:

#2. Heard learned counsel for the parties. Learned counsel for the parties state that the parties have amicably settled their disputes and they have tendered Consent Terms duly signed by the parties and their Advocates on record. Parties are present in the court. They confirm that they have 2 read and understood the consent terms. Both, the husband and the wife state that their advocates on record have explained the contents of the consent terms in Marathi and they have understood the same. We also explained to the respondent-wife the contents of the consent terms and it appears that she has understood the contents of the consent terms. The consent terms provide for conversion of petition for divorce on the ground of cruelty into a petition for divorce by mutual consent under section 13-B of Hindu Marriage Act, 1955. Admittedly, the parties stayed together last in May, 2004. They state that since then they have not cohabited. In view thereof, the permission to convert their petition for divorce into a petition for divorce by mutual consent under section 13-B of Hindu Marriage Act, 1955 is granted.

#3. Learned counsel for the respondent-wife submits that the amount mentioned in paragraph 3 of the consent terms has been deposited by the appellant-husband by Demand Draft with the Community Panchayat and the Demand Draft is still lying there. The appellant-husband undertakes to hand over the Demand Draft to the respondent-wife within a period of two weeks from today. His undertaking is accepted.

#4. The Consent Terms are taken on record and marked “X” for identification. Statements made and undertakings given by 3 the parties in the Consent Terms are accepted. The Family Court Appeals are admitted and disposed of in terms of the Consent Terms. The impugned Judgment and the decree accordingly stands set aside and the marriage of the appellant and the respondent is dissolved by decree of divorce under section 13-B of the Hindu Marriage Act. Decree be drawn accordingly.

#5. Parties have agreed to approach the Community Panchayat on 1.11.2011 at 11.30 am to complete the formality of handing over of Demand Draft to the respondent-wife. We hope that the Community Panchayat shall not insist for certified copy of this order and shall act on the letters issued by the learned Advocates for the parties and ordinary copy of the consent terms filed in the court. Parties concerned to act on the authenticated copy of this order. (M.L TAHALIYANI,J.) (D. B.BHOSALE, J.) 4