Ujjwala Avinash Khandve v. Avinash Balkrishna Khandve

Mr.Abhay Kumar Apte, for the appellant. Mr Pramod J.Pawar, for the respondent. CORAM : S.B.MHASE & CORAM : S.B.MHASE & CORAM : S.B.MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE : FEBRUARY 8th, 2005. DATE : FEBRUARY 8th, 2005. DATE : FEBRUARY 8th, 2005. P.C. P.C.P.C.

Both sides Advocates are present. Appellant-wife and respondent-husband are also present. We have heard the learned counsel for the parties.

This is a Family Court Appeal challenging the Judgment and decree passed in Petition No.A-559/2002 by the Family Court No.3, Pune, whereby the marriage between the husband and the wife was dissolved by a decree of divorce under section 13(1)(ia) of the Hindu Marriage Act, 1955 and the counter-claim for custody of the child’s access was dismissed.

Now the parties have arrived at an amicable settlement and the Consent Terms have been tendered :2::2::2: and it is agreed that the divorce decree is to be confirmed. However, per month maintenance of Rs.2000/- is undertaken by the husband to be paid to the wife. In respect of the child, the access provision has been provided in the Consent Terms Nos. 3, 4 and 5. We have ascertained from both sides that they have read the Consent Terms and have properly understood. Both the Advocates have stated that they have explained the Consent Terms to the parties. we find that the Consent Terms have been agreed voluntarily between the parties. We accept the Consent Terms and the undertakings given in the said Consent Terms. The Consent Terms are taken on record and marked "X" for identification. Therefore, we pass the following order:

The decree of divorce stands confirmed. In addition to that, the Family Court Appeal stands disposed of in terms of the Consent Terms. In the facts and circumstances of the case, there will be no order as to costs.

Certified copy expedited. (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) :3::3::3: rrt/db-05/fca67-04