Disposed

Mrs. Manisha Dayanand Govekar v. Mr. Dayanand Vasudeo Govekar

Bombay HC20 Jul 2016CAM/81/2014

Case brief

AI extract

What is this about?

In a family court appeal challenging a divorce decree, the High Court recorded consent terms signed by both parties. After verifying the payment of agreed amounts, the Court confirmed the divorce decree and modified the remaining relief clauses as per consent, dismissing surviving applications.

What did the court decide?

Decree of divorce confirmed; remaining clauses modified per consent terms filed; pending applications disposed of.

Mrs. Manisha Dayanand Govekar Vs Mr. Dayanand Vasudeo… — Matrimonial and Divorce | Bombay HC (2016)

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P2-FCA-55-14+.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FAMILY COURT APPEAL NO. 55 OF 2014

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WITH

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CIVIL APPLICATION NO. 81 OF 2014 WITH

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CIVIL APPLICATION NO. 275 OF 2015 WITH CIVIL APPLICATION NO. 276 OF 2015 WITH

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CIVIL APPLICATION NO. 277 OF 2015 IN

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FAMILY COURT APPEAL NO. 55 OF 2014

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Mrs. Manisha Dayanand Govekar …Appellant Versus Dayanand Vasudeo Govekar …Respondent

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Ms. Harshada Disale, i/b Mr. Sayyed Abbas Rizvi for the Appellant. Mr. Pankaj S. Shinde, for Respondent.

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CORAM : A.S. OKA & A.A. SAYED, JJ. DATE : 20th July 2016

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Sharayu .

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P2-FCA-55-14+.doc

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P.C. :

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1. Not on board. Taken on board.

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2. By this Appeal, the Appellant-wife has challenged the

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decree of divorce passed by the Family Court under Section 13(1) of the Hindu Marriage Act, 1955. Today, the learned Counsel appearing for the Appellant and learned Counsel appearing for the Respondent have tendered the Consent Terms, which are taken on record and marked as “ X ” for identification. The learned Counsel appearing for the Appellant and learned Counsel appearing for the Respondent state that both the Appellant and Respondent are present in Court and they have signed the Consent Terms. The learned Counsel state that even both of them have signed the Consent Terms as Advocates of the respective parties. On instructions, they state that the parties have no objection for confirming the decree of divorce, but the other part of the decree be modified in terms of the Consent Terms. The Respondent-husband has handed over to the Appellant-wife two demand drafts in the sum of Rs. 3,70,000/- and Rs. 4,80,000/respectively the photocopies of which have been annexed to the Consent Terms. These amounts have been paid in terms of clause (3) of the Consent Terms.

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Sharayu .

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P2-FCA-55-14+.doc

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The learned Counsel appearing for the Appellant and

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learned Counsel appearing for the Respondent on instructions seek a decree in terms of the Consent Terms.

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4. Accordingly, we pass the following order :-

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(i) The statements made in the Consent Terms are accepted;

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(ii) The decree of divorce passed under Clause (2) of the operative part of the impugned judgment and decree dated 13th December 2013 is hereby confirmed;

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(iii) The rest of the decree stands modified in terms of the

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Consent Terms;

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(iv) A Decree be drawn in the Family Court Appeal accordingly;

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(v) All pending Applications do not survive and the same are disposed of.

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[A.A. SAYED, J.]

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Sharayu .

Mrs. Manisha Dayanand Govekar v. Mr. Dayanand Vasudeo Govekar

Case brief

What is this about?

What did the court decide?

Mrs. Manisha Dayanand Govekar v. Mr. Dayanand Vasudeo Govekar

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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