Criminal Case No. 3370 of 2008 · Bombay High Court · 2010
Case at a glance
Outcome
Disposed of
The family court appeal stands disposed of in
Provisions considered
Key paragraphs
- Para 22. On 16.11.2009 this court had directed the learned District Judge, Pune to appoint a Mediator after taking into account the choice of the parties. The District Judge, accordingly, appointed Mr.S.B.Panse (Retd. District Judge) as a Mediator. The Mediator has submitted his report alongwith the…
- Para 77. The statements made and the undertakings given by the parties in the consent terms/Tadjod patra are accepted. 4 The family court appeal stands disposed of in terms of the consent terms/Tadjod patra dated 16.2.2010.
Judgment
Heard learned counsel for the parties.
On 16.11.2009 this court had directed the learned District Judge, Pune to appoint a Mediator after taking into account the choice of the parties. The District Judge, accordingly, appointed Mr.S.B.Panse (Retd. District Judge) as a Mediator. The Mediator has submitted his report alongwith the consent terms (Tadjod Patra) duly signed by him and the parties dated 16.12.2009. In addition thereto, learned counsel for the parties have also placed on record the consent terms in English incorporating the 2 very same terms and conditions as in the “Tadjod Patra” dated 16.12.2009. The consent terms duly signed by the parties and their respective advocates is also taken on record and marked “X” for identification. The Tadjod Patra signed by the mediator and the parties dated 16.12.2009 is also marked “X-1” for identification.
As provided for in the consent terms/Tadjod Patra the impugned judgment and order dated 18.1.2007 in Petition No.A-869 of 2004 is set aside and the said petition, as stated in the consent terms, is converted into a petition for divorce by mutual consent under section 13-B of the Hindu Marriage Act, 1955. The marriage of the appellant and the respondent is dissolved by mutual consent under section 13-B of the Hindu Marriage Act.
The respondent-husband has already deposited the amount as mentioned in paragraph 3 of the Tadjod Patra dated
16.12.2009 in the Family Court and he will not have any objection for allowing the appellant-wife to withdraw the said amount 3 as provided for therein.
The respondent-husband will have a liberty to file a petition for quashing of the criminal case bearing No.218 of 2004, in this court as stated in paragraph 6 of the Tadjod Patra and if such petition is filed, these consent terms be treated as consent of the appellant for quashing the said case.
The appellant-wife also undertakes to withdraw the criminal case No.3370 of 2008 filed by her under Domestic Violence Act within a period of four weeks from today. Her undertaking is accepted. If there is any difficulty in withdrawing the said case she should inform the same to the respondent- husband before completion of the period of four weeks. In that event the respondent- husband will have liberty to file quashing petition in this court. If such petition is required to be filed these consent terms may be treated as consent of the appellants for quashing of the said case.
Operative part
The statements made and the undertakings given by the parties in the consent terms/Tadjod patra are accepted. 4 The family court appeal stands disposed of in terms of the consent terms/Tadjod patra dated 16.2.2010.
The appellant-wife states that she shall withdraw the amount, as mentioned in paragraph 3 of the Tadjod Patra after withdrawal or till filing of the petition for quashing of the criminal cases mentioned in paragraph 5 and 6 of Tadjod patra dated
16.12.2009. It is made clear that if the respondent-husband does not take steps to file petition for quashing, as aforementioned, within a period of six weeks from today the appellant-wife will have liberty to withdraw the amount as provided for in paragraph 3 of the Tadjod patra dated 16.12.2009. The appeal is disposed of. No costs. (R.Y.GANOO,J.)
(D.B.BHOSALE, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The family court appeal stands disposed of in
Which statutory provisions did this judgment involve?
Hindu Marriage Act, 1955; Protection of Women from Domestic Violence Act, 2005.
Which court decided this case, and when?
Bombay High Court, on 16 Feb 2010. The bench was D B BHOSALE, R Y GANOO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.