The High Court disposed of two Family Court Appeals based on a settlement out of court. A decree of divorce was passed under Section 10-A of the Divorce Act, 1869, per the consent terms. The registry was directed to refund a deposited sum to the appellant with interest. Pending civil applications were dismissed as infructuous.
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.
901.fca.157.2017.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO. 157 OF 2015
WITH
CIVIL APPLICATION NO. 258 OF 2015 WITH CIVIL APPLICATION NO. 325 OF 2015 IN
FAMILY COURT APPEAL NO. 157 OF 2015
AND
FAMILY COURT APPEAL NO. 229 OF 2015 WITH
CIVIL APPLICATION NO. 375 OF 2015
WITH
CIVIL APPLICATION NO. 374 OF 2015 WITH CIVIL APPLICATION NO. 30 OF 2016 IN
FAMILY COURT APPEAL NO. 229 OF 2015
Mrs Reeba Cherian ...Appellant
vs
Mr George Jacob Vengal ...Respondent.
Mrs Manjula Rao I/b Deepti N. Wadkar for the Appellant. Mr George Jacob Vengal, the Respondent, the party in person present.
CORAM : K.K.TATED, & B.P.COLABAWALLA, JJ. JULY 11, 2018.
P.C. :
Heard Mrs Rao, learned counsel for the appellant –
Pg 1 of 3
901.fca.157.2017.doc
wife, the respondent husband - party in person is present.
2 Learned counsel for the appellant as well as the respondent – party in person submits that the matter is settled out of Court. Appellant wife and Respondent husband entered into witness box. The consent terms are filed. They admitted the contents of the consent terms. The consent terms are taken on record and marked “X” for identification. The same is accepted.
3 Both the Family Court Appeals stands disposed of with following order;
4 At this stage, Ms Rao, learned counsel for the appellant submits that as per the order dated 7th October, 2015 passed by this Court ( Coram : V.M.Kanade, Dr. Shalini Phansalkar-Joshi, JJ. ) they deposited sum of Rs.10,000/- in the Registry of this Court. She submits that, in view of settlement between both the parties, the appellant – wife may be permitted to withdraw this amount. The respondent – party in person has no objection for the same.
Pg 2 of 3
901.fca.157.2017.doc
5 Hence, the Registry is directed to refund the amount of Rs.10,000/- along with accrued interest, if any, to the appellant – wife (Mrs Reeba Cherian) without any security. 6 In view of disposal of both the Family Court Appeals, all pending Civil Applications are disposed of as infructuous. No order as to costs.
(B.P.COLABAWALLA, J.) ( K.K.TATED, J.)
Digitally signed Dhanappa by DhanappaIrappa Koshti Irappa Date: Koshti 2018.07.1318:42:50 +0530
Pg 3 of 3
3 issues framed by the court
Whether the High Court can pass a decree in terms of the consent terms filed by the parties.
Whether the appellant wife is permitted to withdraw the amount deposited in the registry in view of the settlement.
Whether the pending civil applications can be disposed of as infructuous.
1 provisions across 1 enactments
Mrs Reeba Cherian
Mr George Jacob Vengal
K.K. Tated
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
