The Court disposed of Suit (L) No.157 of 2017 and Notice of Motion (L) No.558 of 2017 on the basis of signed Consent Minutes. Effect was noted of a dissolution of marriage decree from the Family Court filed by the defendant.
Suit (L) No.157 of 2017 and Notice of Motion (L) No.558 of 2017 were disposed of in terms of the signed Consent Minutes.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT (L) NO.157 OF 2017
WITH
NOTICE OF MOTION (L) NO.558 OF 2017
Sarla Suresh Rajani …Plaintiff
versus
Akshaara G. Rajani & Anr. …Defendants
Ms. Prachi Khandge i/by M/s. M.P.Vashi and Associates, for Plaintiff.
Mr. F. Khan i/by M/s. Lexim Associates, for Defendant No.1.
Ms. Panthi Desai i/by Mr. Makarand Kale for Defendant No.2.
Ms. Sarla Rajani, Plaintiff present.
Ms. Akshaara G. Rajani, Defendant No.1 present.
Mr. Gaurav S. Rajani, Defendant No.2 present.
CORAM: S.J. KATHAWALLA, J.
DATE: 3rd MAY, 2017
P.C.:
1. On 27th April, 2017 this Court passed the following order :
“1.The learned Advocate for the Plaintiff is allowed to join Mr.
Gaurav Suresh Rajani as Defendant No.2 in the above Suit.
Amendment to be carried out on or before 28th April, 2017. Re-
verification is dispensed with.
2.The learned Advocates for the parties have tendered an
unsigned copy of the Minutes of Consent Decree. They state that
the parties shall sign the said Minutes and obtain an order in terms
of the said Minutes of Consent Decree on 3rd May, 2017. Both the
parties undertake to sign the Minutes of Consent Decree on 3rd
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May, 2017. This arrangement is worked out since the Defendant
No.2 has filed a Petition (L) No.2623 of 2017 seeking dissolution of
marriage with the Plaintiff before the Family Court. The Registrar,
Family Court shall number the said Petition and since the Defendant
No.1 is not contesting the Petition, the learned Judge of the Family
Court shall dispose off the Divorce Petition on 28th April, 2017.
This direction is given since the Minutes of Consent Decree in the
above Suit, have been arrived at by and between the parties with the
assistance of this Court.
Stand over to 3rd May, 2017.”
2.I am informed that the learned Judge of the Family Court has disposed
of the Petition (L) No.2623 of 2017 thereby dissolving the marriage between the
Defendant Nos.1 and 2. The learned Advocates for the parties undertake to file copy
of the order/decree passed by the Family Court in the above Petition within a period
of one week from today. The undertaking is accepted.
3.Upon the said order/decree being filed, the same shall be taken on
record and shall form part of the present proceedings.
4.The Parties and their Advocates have now signed the Consent Minutes
before the Court and have tendered the same. The Advocates for the parties have
requested the Court to dispose of the above Suit in terms of the Consent Minutes.
The Consent Minutes are taken on record and marked 'X' for identification. The
undertakings recorded in the Consent Minutes are accepted. The Suit is disposed of
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in terms of the Consent Minutes, marked 'X'. Refund of Court Fees, if any, as per
rules. Notice of Motion (L) No.558 of 2017 also stands disposed of.
( S.J.KATHAWALLA, J. )
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S.J. KATHAWALLA
J.
As recorded by the court registry
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