The High Court allowed the first appeal and quashed the earlier judgment dismissing the divorce petition. The court dissolved the parties marriage by decree of divorce based on a compromise settlement reached during mediation.
Quashing of the impugned judgment, dissolution of marriage by decree of divorce, and allowance of the main suit per compromise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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916 fa.289.06.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.
FIRST APPEAL NO. 289 OF 2006
NAVNATH YADAV GAGARE VERSUS PORNIMA W/O NAVNATH GAGARE
Advocate for Appellant : Mrs. Priyanka Sawaji, h/f Mr. S. S. Thombre. Advocate for Respondent : Mr. S. S. Kadale.
CORAM : V. K. JADHAV, J. DATE : 12th January, 2017.
ORDER:
placed on record and the contents of the compromise are also verified by order dated 26th October, 2016.
2 The Appellant had preferred Hindu Marriage Petition No.42 of 2004 under Section 13 of the Hindi Marriage Act seeking dissolution of the marriage by a decree of divorce. The learned Civil Judge Senior Division, Ahmednagar by judgment and order dated 25th November, 2005 dismissed the said petition with costs.
3 During the pendency of the appeal, the parties were referred for mediation and the parties to the appeal amicably settled their dispute on the grounds as stated in the compromise pursis, which is marked as 'X' for identification.
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916 fa.289.06.odt
Rs.10,00,000/- for herself and her daughter Devyani agreed that she will not claim any share in the property nor they would be entitled to claim any maintenance and further the Respondent / wife also agrees and gives her consent to allow the present first appeal and pass the decree of divorce thereby dissolving the marriage.
contents about the dissolution of marriage by a decree of divorce, I proceed to pass the following order:
O R D E R
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916 fa.289.06.odt
dissolved by a decree of divorce.
VII. Appeal is accordingly disposed of.
[ V. K. JADHAV, J. ]
ndm
3 issues framed by the court
Whether the first appeal should be allowed in view of the compromise settlement between the parties.
Whether the marriage should be dissolved by a decree of divorce on the terms of the compromise.
Whether the earlier judgment dismissing the divorce petition should be quashed.
1 provisions across 1 enactments
NAVNATH YADAV GAGARE
PORNIMA W/O NAVNATH GAGARE
V. K. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
