Allowed

Mr. Anil Ratanlal Patodia v. Mrs. Nisha Anil Patodia

Bombay HC19 Apr 2024CAM/22/2017

Case brief

AI extract

What is this about?

The High Court disposed of two family court appeals filing by mutual consent settlement. The husband agreed to pay ₹2.75 crore as full and final settlement for maintenance, children, and other expenses. In exchange, the Court dissolved the marriage by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955, substituting the impugned Family Court order.

What did the court decide?

Dissolution of marriage by mutual consent; decree substituted with Consent Terms providing for payment of ₹2.75 crore by husband to wife as full and final settlement for maintenance, children, and oth

Mr. Anil Ratanlal Patodia Vs Mrs. Nisha Anil Patodia — Matrimonial and Divorce | Bombay HC (2024)

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14-FCA-154-2014-FCA-137-2014.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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FAMILY COURT APPEAL NO. 154 OF 2014

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WITH

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Digitally signed by SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: 2024.04.22 20:22:25 +0530

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CIVIL APPLICATION NO. 20 OF 2017 AND

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CIVIL APPLICATION NO. 22 OF 2017 IN FAMILY COURT APPEAL NO. 154 OF 2014

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Anil Ratanlal Patodia

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Age – 43 years, Indian Inhabitant, Residing at B/4, Diamond Estate, C.S.T. Road, Kalina, Santacruz (E), Mumbai – 400 098. ....Appellant

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Versus

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Nisha Anil Patodia Age – 39 years, Indian Inhabitant, Residing at C/o. Vimal Murarka, A-23, 24, 06^th Floor, Mahavir Apartments, Pant Nagar, Ghatkopar (E), Mumbai – 400 075 ....Respondent

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ALONG WITH FAMILY COURT APPEAL NO. 137 OF 2014 WITH INTERIM APPLICATION NO. 7810 OF 2024 AND

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CIVIL APPLICATION NO. 193 OF 2014 IN FAMILY COURT APPEAL NO. 137 OF 2014

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Nisha Anil Patodia

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Age – 39 years, Indian Inhabitant, Residing at C/o. Vimal Murarka, A-23, 24, 06^th Floor, Mahavir Apartments, Pant Nagar, Ghatkopar (E), Mumbai – 400 075 ....Appellant

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Versus

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Anil Ratanlal Patodia

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Page 1 of 5 April 19, 2024

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Shraddha Talekar, PS

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14-FCA-154-2014-FCA-137-2014.doc

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Age – 43 years, Indian Inhabitant, Residing at B/4, Diamond Estate, C.S.T. Road, Kalina, Santacruz (E), Mumbai – 400 098.

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....Respondent

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Ms. Sapna Sharma i/b M/s. K. Ashar & Co., Advocate for Appellant in FCA-154-2014 and for Respondent in FCA-1372014.

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Mr.Pradip Chavan a/w. Ms. Shweta Borhade i/b Pradip Chavan Associates, Advocate for Appellant in FCA-137-2014 and for Respondent in FCA-154-2014

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Mr. Anil Patodia, Appellant in FCA-154-2014 is present in Court.

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Mrs. Nisha Anil Patodia, Appellant in FCA-137-2014 is present in Court.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : APRIL 19, 2024

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P. C.

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Family Court Appeal No. 154 of 2014 is filed by the husband challenging the impugned judgment and decree dated 15^th January, 2014 dismissing the Petition filed by him seeking a divorce. Family Court Appeal No. 137 of 2014 is filed by the wife seeking enhancement of maintenance.

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Page 2 of 5 April 19, 2024

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Shraddha Talekar, PS

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14-FCA-154-2014-FCA-137-2014.doc

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Today, when both the Appeals are called out, we are happy to note that the husband and wife have settled their disputes as recorded in the Consent Terms dated 8^th April, 2024. The Consent Terms inter alia provide that the Appellant agrees and undertakes to make payment of Rs.2,75,00,000/- towards the maintenance, residential arrangement for the children, including marriage expenses of the said children, further future education fees and ancillary expenses as a one time full and final/permanent settlement payment. The Consent Terms further provide that on this payment being made, the Court pass a decree of divorce by mutual consent under Section 13(B) of Hindu Marriage Act, 1955 and dissolve their marriage solemnized on 18^th February, 1995. Apart from these Consent Terms, the learned Advocate appearing for the wife has also tendered an affidavit dated 17^th April, 2024, whereby she confirms that the contents of clauses 6 and 8 of the Consent Terms. The Consent Terms have been signed by the husband as well as the wife. Both of them are present in Court today. They have both stated that they have signed the Consent Terms after reading and understanding the same as well as the implications thereof. The Consent Terms are also signed by the Advocates for the husband as well as the Advocates for the wife.

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Page 3 of 5 April 19, 2024

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Shraddha Talekar, PS

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14-FCA-154-2014-FCA-137-2014.doc

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In these circumstances, the Consent Terms dated 8^th April, 2024 are taken on record and marked ‘X’ for identification. The undertakings given in the Consent Terms, if any, are accepted as undertakings to the Court. There shall be an order and decree in terms of the Consent Terms. In addition to the Consent Terms, the affidavit filed by the wife dated 17^th April, 2024 is also taken on record and marked ‘X-1’ for identification.

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As per the Consent Terms, a demand draft of Rs.2,75,00,000/- in the name of the wife drawn on Central Bank of India has been handed over by the Advocate for the husband to the Advocate for the wife in our presence today. The wife is free to encash the said demand draft. We are informed that the parties have been living separately since the year 2005. Considering these circumstances and the settlement arrived at between the parties, we hereby dissolve the marriage between the husband and the wife solemnized on 18^th February, 1995 by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955.

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We make it clear that the order of the Family Court is being substituted with these Consent Terms read along with this order. The

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Page 4 of 5 April 19, 2024

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Shraddha Talekar, PS

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14-FCA-154-2014-FCA-137-2014.doc

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above Family Court Appeals are disposed of in the aforesaid terms. However, there shall be no order as to costs.

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In view of the disposal of the Appeals, any applications pending therein do not survive and the same are disposed of accordingly.

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This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]

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Page 5 of 5 April 19, 2024

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Shraddha Talekar, PS

Mr. Anil Ratanlal Patodia v. Mrs. Nisha Anil Patodia

Case brief

What is this about?

What did the court decide?

Mr. Anil Ratanlal Patodia v. Mrs. Nisha Anil Patodia

Case brief

What is this about?

What did the court decide?

What the court decided

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