The High Court approved consent terms for divorce between husband and wife, dispensing with the six-month statutory pendency due to prolonged litigation. Access to the child was delegated to the District Judge, Nasik.
Consent terms were accepted; decree in terms of consent to be drawn; appeal disposed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO.150 OF 2004
Sanjay Nimba Bhamare ..Appellant
Versus
Mrs.Seema Sanjay Bhamare
& Another ..Respondent
Mr.Uday Warunjikar for the appellant
Ms.Sangeeta Vaidya for the respondent No.1.
CORAM: S.B.MHASE &
S.R.SATHE, JJ.
DATE : 13th July, 2005
P.C.
1. Heard.
2. The parties, namely the Appellant-husband and
the Respondent-wife are present in the Court. The
respective parties are identifed by their
Advocates. The parties have arrived at a settlement of
their dispute and have submitted the Consent Terms.
3. We have enquired with the parties as to whether
they have understood the terms and conditions stated in
the Consent Terms and both of them have agreed that
they have understood the same and they have voluntarily
signed the Consent Terms. Both, husband and wife have
stated that they have signed the Consent Terms without
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there being any pressure and/or being influenced
by any other factor, but to settle the dispute.
4. As we find that the Consent terms have been
arrived at between the parties voluntarily, we accept
the Consent terms and take them on record. Consent
terms are taken on record and marked Exhibit ‘X’
for identification.
5. By this Consent Terms the parties have provided
condition for passing the decree by consent. Their
initial application is for divorce on grounds of
cruelty and adultery. However, all those allegations
made against each other have been withdrawn by the
parties and the parties have decided to take divorce by
consent.
6. We find that the marriage is completely broken
and there is no possibility of resumption of conjugal
relation and divorce is the only possible effect and
therefore, we dispense with the statutory requirement
of filing the petition and keeping it pending for six
months in the Family Court. On the contrary we find
that the litigation is pending for years together and
there is no resumption of conjugal rights and the said
period to be treated as the period for the petition for
consent decree and therefore we accept the said
condition. We, further find that the protection in
respect of the access to the child has been provided
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and certain undertakings have been given to this Court.
Those undertakings given by the Husband are accepted.
We, therefore, direct the Office that the decree in
terms of consent terms be drawn.
7. We find in consent terms that for an initial
period of eight months, while providing access to the
child it is provided that the child is to be submitted
in the presence of the JMFC, Nasik holding charge of
remand on Saturday and Sunday. Therefore, we direct
the District Judge, Nasik, to issue appropriate
direction to the JMFC at Nasik to make an arrangement
to implement the conditions in respect of access to the
child as stated in the Compromise and the parties are
at liberty to approach the District Judge or the
concerned JMFC, Nasik for access of the child.
7. The Respondent No.2 was added as a party to
this dispute. However, since the allegation of
adultery has been withdrawn, Mr. Warunjikar makes a
statement that leave to delete the name of Respondent
No.2 may be granted. Leave is accordingly grranted.
Appeal stands disposed off accordingly.
(S.R.SATHE, J.) (S.B.MHASE,J.)
2 issues framed by the court
Whether the Court can dispense with the statutory six-month pendency requirement for divorce when a settlement is reached after years of litigation.
Whether leave may be granted to delete a respondent's name where the underlying adultery allegation has been withdrawn.
1 provisions across 1 enactments
Sanjay Nimba Bhamare
Mrs. Seema Sanjay Bhamare
Another
S.B.Mhase
S.R.Sathe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court