Smt. Sangeeta @ Neha Nitin Patil v. Mr. Nitin Narayan Patil
Case at a glance
- Decided
- 13 Feb 2009
- Bench
- D G KARNIK
Outcome
Disposed of
Appeal is disposed off accordingly
Provisions considered
- Family Courts Act, 1984 s. 19
- Hindu Marriage Act, 1955 s. 13B
Key paragraphs
- Para 55. Appeal is disposed off accordingly. The Registry is directed to issue a decree of divorce under Section 13B of the Hindu Marriage Act, 1955.
Judgment
Mr. Nitin Narayan Patil ..Respondent Mr. Sandesh D. Patil for appellant. Mr. Kantilal H. Kanojia i/by Mr. P.N. Patwardhan for respondent. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : February 13, 2009. Date : February 13, 2009. Date : February 13, 2009. P.C.: P.C.: P.C.:
Heard the learned counsel for both the parties. This appeal filed under Section 19 of the Family Courts Act, 1984 arises from the Judgment and Order dated 30/8/2008 rendered by the Family Court, Bandra, Mumbai in Petition No.A-429 of 2004. During the pendency of this appeal, both the appellant as well as the respondent continued negotiations to settle the marital disputes amicably and with the assistance of their learned Advocates they have been successful in the same. They have arrived at an :2: amicable settlement, the terms of which have been reduced in writing in the form of Consent Terms and placed before us. The consent terms are taken on record and marked as "X" for identification. Both the parties are present before us and they have verified the consent terms and declared that they have understood the same, signed voluntarily and without any pressure or coercion.
As per the settlement terms, the parties have decided to dissolve their marriage solemnized on 2/12/2001 by consent. The husband has agreed to pay an amount of Rs.5,00,000/- (Rupees Five Lakhs only) towards permanent maintenance of daughter Aishwarya and the said sum of Rs.5,00,000/- shall be invested in fixed deposit in a nationalised bank in the name of the daughter and jointly with the appellant as her guardian. The investment will be initially for a period of five years and thereafter to be renewed till Aishwarya attains the age of majority. The interest accruing on the fixed deposit shall be paid to the appellant for maintenance and other expenses to be incurred for the daughter. The parties have also :3: withdrawn the allegations made against each other and they have declared that they would have no claim whatsoever in future against each of them.
We have gone through the terms of settlement and we are satisfied that the settlement terms are in the interest and welfare of all the parties. We accept the joint request to grant a decree of divorce by consent within the meaning of Section 13B of the Hindu Marriage Act, 1955.
Hence the decree impugned in this appeal is hereby substituted by a decree of divorce by consent under Section 13B of the Hindu Marriage Act, 1955.
Operative part
Appeal is disposed off accordingly. The Registry is directed to issue a decree of divorce under Section 13B of the Hindu Marriage Act, 1955.
Civil Application No. 341 of 2008 does not survive and disposed as such. :4: (D.G. Karnik,J.) (B.H. Marlapalle,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Appeal is disposed off accordingly
Which statutory provisions did this judgment involve?
Family Courts Act, 1984 — s. 19; Hindu Marriage Act, 1955 — s. 13B.
Which court decided this case, and when?
Bombay High Court, on 13 Feb 2009. The bench was D G KARNIK.
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.