Allowed

Dr. Lavina Rajesh Sharma v. Dr.Rajesh Ramesh Sharma

Bombay HC18 Nov 2011FCA/136/2010

Case brief

AI extract

What is this about?

Appeal disposed pursuant to amicable settlement. Decree of divorce by cruelty set aside and substituted by divorce by mutual consent under Section 13-B of Hindu Marriage Act. Husband to pay maintenance investments.

What did the court decide?

Decree of divorce on cruelty set aside; substituted with decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act.

Dr. Lavina Rajesh Sharma Vs Dr.Rajesh Ramesh Sharma — Maintenance and Alimony | Bombay HC (2011)

911 cam 266.10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FAMILY COURT APPEAL NO. 136 OF 2010 WITH CIVIL APPLICATION NO. 266 OF 2010 IN FAMILY COURT APPEAL NO. 136 OF 2010

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Dr. Mrs. Lavina Rajesh Sharma ..Appellant. Vs.

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Dr. Rajesh Ramesh Sharma ..Respondent.

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Mrs. Edith Day for the Appellant. Mr. Pankaj Bhatt for Respondent.

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CORAM : D.B.BHOSALE, K.K. TATED, JJ. Date : 18/11/2011.

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PC :

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1 Learned counsel for the parties state that the parties have amicably settled their dispute and they have tendered consent terms duly signed by them and the parties. Parties are present in the court. They both understand English. They state that they have gone through the consent terms and they have understood the contents

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2 911 cam 266.10.doc

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thereof. We have perused the consent terms. In paragraph 2 of the consent terms, the respondent has agreed to pay a sum of Rs.50,00,000/- (Fifty lakhs) towards the maintenance. Out of this amount the respondent- husband has agreed to hand over Rs.22,00,000/- (Twenty two lakhs) in the form of investments made by him in the name of children. Insofar as remaining Rs.28,00,000/(Twenty eight lakhs) are concerned he has agreed to transfer that amount by way of cheque in the name of the Appellant. The Appellant who is present in the court states that on receipt of this amount she will invest the said amount in the name of children in a fixed deposit and shall take only interest thereon for their maintenance till they attain majority.

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2 The respondent – husband submits that he will pay Rs.28,00,000/- (Twenty eight lakhs) to the Appellant – wife by banker’s cheque within a period of two weeks from today. His statement is accepted.

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3 The Consent Terms are taken on record and marked “X” for identification. Statements made and the undertakings given in the

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3 911 cam 266.10.doc

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Consent Terms are accepted. First Appeal is disposed of in terms of the Consent Terms and as the consequence thereof, the decree of divorce on the ground of cruelty is set aside and it is substituted by a decree of divorce by mutual consent under section 13-B of the Hindu Marriage Act.

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4 In view of the disposal of the Family Court Appeal, Civil Application does not survive and disposed of as such.

Dr. Lavina Rajesh Sharma v. Dr.Rajesh Ramesh Sharma

Case brief

What is this about?

What did the court decide?

Dr. Lavina Rajesh Sharma v. Dr.Rajesh Ramesh Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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