Allowed

Mrs. Reeba Cherian v. Mr. George Jacob Vengal

Bombay HC11 Jul 2018FCA/229/2015

Case brief

AI extract

What is this about?

The High Court disposed of two Family Court Appeals where the parties settled out of court. The Court decreed the consent terms, ordered divorce under Section 10-A of the Divorce Act, 1869, and directed the refund of the security deposit.

What did the court decide?

Decree passed per consent terms; divorce granted under Section 10-A of the Divorce Act, 1869; refund of Rs. 10,000 deposit ordered.

Mrs. Reeba Cherian Vs Mr. George Jacob Vengal — Service and Employment | Bombay HC (2018)

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901.fca.157.2017.doc

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dik

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FAMILY COURT APPEAL NO. 157 OF 2015

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WITH

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CIVIL APPLICATION NO. 258 OF 2015 WITH CIVIL APPLICATION NO. 325 OF 2015 IN

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FAMILY COURT APPEAL NO. 157 OF 2015

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AND

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FAMILY COURT APPEAL NO. 229 OF 2015 WITH

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CIVIL APPLICATION NO. 375 OF 2015

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WITH

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CIVIL APPLICATION NO. 374 OF 2015 WITH CIVIL APPLICATION NO. 30 OF 2016 IN

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FAMILY COURT APPEAL NO. 229 OF 2015

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Mrs Reeba Cherian ...Appellant

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Mr George Jacob Vengal ...Respondent.

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Mrs Manjula Rao I/b Deepti N. Wadkar for the Appellant. Mr George Jacob Vengal, the Respondent, the party in person present.

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CORAM : K.K.TATED, & B.P.COLABAWALLA, JJ. JULY 11, 2018.

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P.C. :

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Heard Mrs Rao, learned counsel for the appellant –

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Pg 1 of 3

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901.fca.157.2017.doc

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wife, the respondent husband - party in person is present.

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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.

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3 Both the Family Court Appeals stands disposed of with following order;

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(a) There shall be decree in terms of the consent terms;

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(b) The consent terms be treated as part and parcel of the decree;

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(d) The decree of divorce be passed under Section 10-A of the Divorce Act, 1869 as per clause (1) of the consent terms;

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4 At this stage, Ms Rao, learned counsel for the appellant submits that as per the order dated 7^th 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.

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Pg 2 of 3

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901.fca.157.2017.doc

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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.

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(B.P.COLABAWALLA, J.) ( K.K.TATED, J.)

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Digitally signed Dhanappa by DhanappaIrappa Koshti Irappa Date: Koshti 2018.07.1318:42:50 +0530

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Pg 3 of 3

Mrs. Reeba Cherian v. Mr. George Jacob Vengal

Case brief

What is this about?

What did the court decide?

Mrs. Reeba Cherian v. Mr. George Jacob Vengal

Case brief

What is this about?

What did the court decide?

What the court decided

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