Allowed

Stany Goveas v. Nancy Stany Goveas

Bombay HC8 Jun 2016FCA/43/2009

Case brief

AI extract

What is this about?

The High Court accepted consent terms filed by the parties seeking conversion of the original divorce petition under Section 10-A of the Divorce Act, 1869. The Court quashed the original decree and granted divorce by mutual consent, allowing the amendment to relate back to the original filing date.

What did the court decide?

The marriage was dissolved by a decree of divorce by mutual consent under section 10-A of the Divorce Act, 1869, and the impugned decree was quashed.

Stany Goveas Vs Nancy Stany Goveas — Matrimonial and Divorce | Bombay HC (2016)

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fca43-161

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ssp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
FAMILY COURT APPEAL NO.43 OF 2009

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Stany Goveas ...Appellant
vs.
Nancy Goveas ...Respondent

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ALONG WITH

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FAMILY COURT APPEAL NO.161 OF 2009 WITH
CIVIL APPLICATION NO.50 OF 2015

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Nancy Goveas ...Appellant
vs.
Stany Goveas ...Respondent

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Mr.N.D'Monte for the Appellant in FCA 43 of 2009 and for
respondent in FCA 161 of 2009 and CAs
Ms Susan Abraham for the appellant in FCA 161/2009 and
for applicant in CAs and for the respondent in FCA
43/2009

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CORAM : A.S.OKA, &
 A.A.SAYED, JJ.
 DATE : JUNE 8, 2016

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ORAL JUDGMENT: (PER A.S.OKA,J.)

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1Heard learned counsel for the parties. Family
Court Appeal No.43 of 2009 is preferred by the husband
for challenging the decree dated 23rd December 2008
passed by the Family Court at Bandra, Mumbai in a
Petition No.A-1338 of 2005 filed by the wife. The said
petition was filed by the wife for seeking a decree of
divorce under various sections of Divorce Act,1869 (for
short `the said Act'). Though the prayer for divorce
was rejected, the husband was directed to pay a sum of
Rs.5,000/- per month towards maintenance of the child
and a permanent injunction was granted against the
husband as regards the matrimonial home. The Family
Court Appeal No.161 of 2009 is preferred by the wife

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2 fca43-161

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which takes exception to that part of the Decree by
which the prayer for decree of divorce was rejected.

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2During the pendency of these appeals, the parties
settled their dispute and on 9th March 2016, the consent
terms were filed by the parties dated 18th February 2016
which were taken on record.

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3Today the learned counsel for the husband and wife
state that both the parties are personally present and
further state on their instructions that all terms and
conditions incorporated in the consent terms have been
acted upon. Therefore, the parties requested the Court
to pass a decree in terms of the consent terms including
a decree of divorce by mutual consent under section 10-A
of the said Act.

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4We have perused the consent terms. Both the
parties have accepted the correctness of the contents
of the consent terms as recorded in the order dated 9th
March 2016. It is an admitted position that all
conditions incorporated in the consent terms have been
acted upon and except for passing a decree in terms of
the consent terms, nothing further is left to be done.
From the evidence on record, we are satisfied that the
parties are residing separately for a period of more
than twelve years and they have not been able to live
together as spouses. In fact, the marriage between them
is irretrievably broken down. Therefore, this is a fit
case to pass a decree of divorce under section 10-A of
the said Act especially when the parties are residing
separately for more than twelve years.

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5Accordingly, we dispose of the appeals by passing

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fca43-161

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the following order:

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(I) The impugned Judgment and Decree dated 23^rd December 2008 is hereby quashed and set aside;

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(II) By consent of the parties, the Petition No.A1338 of 2005 is permitted to be converted into a Petition under section 10-A of the Divorce Act,1869;

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(III) As Record and Proceedings of the Family Court is with this Court, the Registry will permit the parties to carry out a formal amendment to the petition within a period of one month from today;

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(IV) We make it clear that the amendment will relate back to the date of institution of the said petition;

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(V) The marriage solemnised between the parties on 18^th November 1993 is hereby stands dissolved by a decree of divorce by mutual consent under section 10-A of the said Act;

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(VI) In addition, there will be a decree in terms of the consent terms dated 18^th February 2016 taken on record on 9^th March 2016 which are marked X' for identification;`

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(VII) The appeals are disposed of on above terms. Pending Civil Applications do not survive and the same are also disposed of.

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(A.A.SAYED,J.)

Stany Goveas v. Nancy Stany Goveas

Case brief

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Stany Goveas v. Nancy Stany Goveas

Case brief

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