Settlement between husband and wife led to conversion of counter-claim from divorce by cruelty to divorce by mutual consent. Family Court Appeal was disposed of based on consent terms of parties.
Family Court Appeal disposed of; decree to be drawn up as per consent terms.
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jdk 1 2.fca.161.14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION F.C.A. NO. 161 OF 2014
Mrs. Nikita Sagar Tale (Dalvi)
.. Appellant
Vs.
Mr. Sagar Ramesh Tale
.. Respondent
Mr. Nikhilesh Pote i/b Asim Sarode and Associates Advocate for Appellant Mr. Mihir Raje Advocate for Respondent
CORAM : SMT.V.K.TAHILRAMANI AND DR.SHALINI PHANSALKAR-JOSHI, JJ. DATED : SEPTEMBER 01, 2017
ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]:
1 Heard the learned counsel for the appellant - wife and the learned counsel for the respondent - husband as well as the appellant and respondent who are present before the Court.
2 The appellant - wife has preferred this Family Court Appeal against the order of the Family Court whereby husband's petition for restitution of conjugal rights was granted and counter claim of the wife for divorce on the ground of cruelty was dismissed.
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jdk 2 2.fca.161.14.doc
3 The learned counsel for both sides state that the matter is amicably settled between the parties and the parties have prepared consent terms. They have tendered the consent terms which are taken on record and marked "X" for identification.
4 The appellant and the respondent who are present in person before the Court state that they have read the consent terms and have knowingly and voluntarily signed the consent terms. Pursuant to the consent terms, the counter claim of the wife for divorce on the ground of cruelty is converted into a petition for divorce by mutual consent and the marriage between the parties is dissolved by mutual consent. Undertakings given by both the parties in the consent terms are accepted.
5 This Family Court Appeal is disposed of in view of the consent terms. Decree be drawn up accordingly.
[DR.SHALINI PHANSALKAR-JOSHI,J.] [ SMT.V.K.TAHILRAMANI, J. ]
kandarkar
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1 issue framed by the court
Whether the Family Court Appeal should be disposed of on account of settlement between parties.
Nikita Sagar Tale (Dalvi)
Sagar Ramesh Tale
V.K. Tahilramani
Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
