Disposed

Prakashbhai Kandubhai Patel v. Rakshaben Prakash Patel

Bombay HC7 Sept 2017FCA/29/2009

Case brief

AI extract

What is this about?

This case involved two family court appeals filed by the appellant against a divorce dismissal and an order granting restitution for conjugal rights. The appeals were disposed of on the basis of an out-of-court amicable settlement reached between the parties, resulting in the dissolution of the marriage by mutual consent and payment of settlement terms to the wife. The court recorded the receipt o

What did the court decide?

Marriage dissolved by mutual consent; Appeals dismissed.

Prakashbhai Kandubhai Patel Vs Rakshaben Prakash Patel — Matrimonial and Divorce | Bombay HC (2017)

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osk 1-fca-29-09 & fca-82-09.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FAMILY COURT APPEAL NO. 29 OF 2009

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Prakashbhai Kandubhai Patel V/s.	…	Appellant
Rakshaben Prakash Patel	…	Respondent

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WITH FAMILY COURT APPEAL NO. 82 OF 2009

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Prakashbhai Kandubhai Patel V/s.	…	Appellant
Rakshaben Prakash Patel	…	Respondent

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Mr.Chintan Shah i/b. Mr.Sandesh D. Patil for the Appellant.

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Mr.Datta Pawar for the Respondent.

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CORAM : SMT. V.K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, J.J. DATE : 7^th SEPTEMBER, 2017.

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PER COURT :

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1] Heard learned counsel for the the Appellant-husband and

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learned counsel for the Respondent-wife.

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2] Family Court Appeal No.29 of 2009 has been preferred by the Appellant-husband as his petition for divorce on the ground of cruelty came to be dismissed. Whereas, Family Court Appeal No.82 of

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1/3

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osk 1-fca-29-09 & fca-82-09.odt

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2009 has been preferred by the Appellant-husband as the wife's petition for restitution for conjugal rights came to be allowed by the Family Court, Mumbai.

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3] Learned counsel for both the sides state that on the last date i.e. 10^th March 2017, the matter has been amicably settled between the parties and consent terms were also tendered, which have already been taken on record. As per the consent terms Rs.8,75,000/- was to be paid to the Respondent-wife. In the order dated 10^th March, 2017 passed by this Court, it is reflected that settlement will be come into effect after the entire amount of Rs.8,75,000/- is paid by the Appellant-husband to the Respondentwife. The Appellant-husband has agreed to pay the said amount within a period of six months from that date i.e. 10^th March, 2017.

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4] Today the Appellant-husband as well as the Respondentwife are present in the Court. They also state that they have amicably settled the matter and they have prepared the consent terms and voluntarily signed the same. The Respondent-wife states that she has received Rs.1,00,000/- on 14^th March, 2017 and the balance amount of Rs.7,75,000/- was paid to her by Demand Draft dated 18^th August,

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osk 1-fca-29-09 & fca-82-09.odt

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Thus she confirms receipt of Rs.8,75,000/-.

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5] Pursuant to the consent terms marriage between the parties is dissolved by mutual consent.

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6] Both the Family Court Appeals are disposed of in view of the consent terms. Decree be drawn up accordingly.

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(DR. SHALINI PHANSALKAR-JOSHI, J.) (SMT. V.K. TAHILRAMANI, J.)

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Prakashbhai Kandubhai Patel v. Rakshaben Prakash Patel

Case brief

What is this about?

What did the court decide?

Prakashbhai Kandubhai Patel v. Rakshaben Prakash Patel

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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