Allowed

Neelam S. Upadhyay v. Sanjay M. Upadhyay

Bombay HC14 Oct 2009FCA/137/2009

Case brief

AI extract

What is this about?

The High Court disposed of an appeal against a Family Court decree dissolving a marriage. The court recorded consent terms wherein the respondent husband agreed to pay maintenance for the minor mentally challenged daughter and promised not to remarry until full payment.

What did the court decide?

Appeal disposed of in terms of Consent Terms; respondent to pay Rs. 5,50,000 for minor's treatment with undertaking not to remarry until final payment; Rs. 10,000 costs awarded; Civil Application No.

Neelam S. Upadhyay Vs Sanjay M. Upadhyay — Child Custody and Guardianship | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FAMILY COURT APPEAL NO.137 OF 2009

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Smt. Neelam Sanjay Upadhyay Versus Sanjay M. Upadhyay

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....Appellant

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....Respondent

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Smt. Bhavana Jadhav for the Appellant. Shri R. D. Suryavanshi for the Respondent.

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CORAM : P. B. MAJMUDAR & R. V. MORE, JJ.

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DATED : 14^th OCTOBER, 2009.

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P.C.:

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This Appeal is directed against the Judgment and Decree dated 17^th June, 2009, passed by the Family Court at Mumbai, by which the learned Judge of the Family Court passed a decree for dissolving the marriage between the Appellant and the Respondent.

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The Appellant-wife has challenged the said decree by way of this Appeal. During the course of hearing, the parties have tendered Consent Terms through their respective Advocates. The said Consent Terms are taken on record. The Appellant and Respondent, both are present before the Court and they have been identified by their respective Advocates. The parties have informed the Court they they are agreeable with the Consent Terms and they will abide by the same. The said Consent Terms are accordingly taken on record and are marked as Exhibit “X” for identification. The undertaking given by the parties in the Consent Terms are also accepted by the Court and as per the Consent Terms the Respondent-husband has agreed to pay an amount of

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Rs. 5,50,000/- towards the minor daughter- Komal. The Appellant-wife has assured the Court that the said amount will be utilised for the treatment and benefit of the child who is mentally challenged. The said oral undertaking is also accepted and taken on record.

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In clause (8) of the Consent Terms, it is provided that till the last instalment towards the aforesaid amount is paid, the Respondent shall not remarry and incase the Respondent commits any breach in payment of the instalment, it would be open to the Appellant to apply for restoration of the Appeal on record. The Appeal is accordingly disposed of in the line of the Consent Terms. Order accordingly.

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The learned Counsel for the Respondent has gracefully agreed that the Respondent shall pay cost of Rs.10,000/- in addition to said amount. The said amount will be paid within a period of two days so that the Appellant can provide necessary clothes and sweets to the minor child. We appreciate the gesture on the part of the Respondent and the Respondent to act, accordingly.

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In view of the disposal of the Family Court Appeal, the Civil Application No.212 of 2009 will not survive and therefore, the same is also disposed of.

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Sd/-

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Sd/-

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(R. V. MORE, J.) (P. B. MAJMUDAR, J.)

Neelam S. Upadhyay v. Sanjay M. Upadhyay

Case brief

What is this about?

What did the court decide?

Neelam S. Upadhyay v. Sanjay M. Upadhyay

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

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