Mrs.Nutan Mahendra Bhoir v. Mr.Mahendra Dwarkanath Bhoir

Mr.Mahendra Dwarkanath Bhoir .. Respondent. Mr.Nazmi Murtaza i/b Smt. Roselin R.Nadar advocate for the appellant. Mr.P.S.Chavan for the respondent. CORAM : D.B.BHOSALE & R.Y.GANOO,JJ. DATED : 12/03/2010. PC:

Heard learned counsel for the parties. The parties have already placed on record the consent terms dated 15.1.2010 duly signed by them and their respective advocates on record. On 15.1.2010 we passed the following order: “1. Learned counsel for the parties state that the parties have settled their disputes amicably and they have tendered consent terms duly signed by them and the parties. The parties are present in the Court. They state that they have understood the contents of the consent terms. The consent terms are taken on record and marked “X” for identificaton.

2. The consent terms provide that certain 2 payments are to be made to the appellant wife by the respondent husband within a period of two months from today. In view thereof, we deem it appropriate to keep the appeal pending and dispose of in terms of the consent terms only after the amounts as mentioned in the consent terms are received by the appellant-wife.

Insofar as other terms of settlement in the consent terms are concerned, the parties are at liberty to start acting upon the same with immediate effect. It is made clear that insofar as paragraph 5 of the consent terms is concerned, which provides for withdrawal of the case under the Protection of Women from Domestic Violence Act, 2005, the parties have agreed to act upon the same only after disposal of this appeal in terms of the consent terms. During these two months it is open for the parties to apply for adjournment before the Court, where the said case is pending and the concerned Court shall grant adjournment beyond the period of two months.”

3. There is no dispute that the parties have been acting upon these consent terms since 15.1.2010. Today in the court the respondent-husband has handed over the demand draft of Rs.3 Lacs to the appellant-wife as provided for in paragraph 2(c). The appellant confirms that she has received the demand draft. At this stage the learned counsel for the parties have also 3 requested to allow the parties to approach Family Court if they so desire, for seeking modification of paragraphs 7 and 8 which provide for access of children to the parties and also to seek overnight access during vacations. The parties are allowed to approach the Family Court for seeking modification of paragraphs 7 and 8 of the consent terms, as prayed for by the learned counsel for the parties, after six months from today. If the parties approach the Family Court for seeking modification the Family Court shall pass appropriate orders on merits in accordance with law. The appellant-wife, who is present in the court, states that she will collect all the articles as per annexure “A” to the consent terms within three weeks from today.