Wife appealed a Family Court divorce granted on cruelty grounds with no maintenance. Parties settled via consent terms: husband to pay Rs.1,80,000 over 21 months, gift a flat to wife, wife to vacate her flat; marriage dissolved by mutual consent under Section 13B HMA.
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.
9.fca.132.2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO.132 OF 2014
Vaishali Harshad Deshpande .. Appellant (Org.Respondent) Versus Harshad Mukund Deshpande .. Respondent (Org.Petitioner)
Digitally signed by UTKARSH UTKARSH KAKASAHEB KAKASAHEB BHALERAO BHALERAO Date: 2024.05.02 11:14:42 +0530
WITH
CIVIL APPLICATION NO.367 OF 2018
IN
FAMILY COURT APPEAL NO.132 OF 2014
Harshad Mukund Deshpande .. Applicant In the matter of:- Vishali Harshad Deshpande .. Appellant Versus Harshad Mukund Deshpande .. Respondent
WITH
CIVIL APPLICATION NO.100 OF 2019
IN
FAMILY COURT APPEAL NO.132 OF 2014
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9.fca.132.2014.doc
Vaishali Harshad Deshpande .. Applicant In the matter of:- Vaishali Harshad Deshpande .. Appellant
Versus
Harshad Mukund Deshpande .. Respondent
Mr.Akshay Kapadia, Advocate for the Appellant/Wife.
Mr.Hitesh Vyas a/w Rasik Raut, Advocates for Respondent/Husband and for the Applicant in CAM/367/2018 and Respondent in CAM/100/2019.
Mrs.Vaishali Harshad Deshpande , Appellant-Wife is present in Court.
Mr.Harshad Mukund Deshpande , Respondent-Husband is present in Court.
CORAM :B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN,JJ. DATE :APRIL 26, 2024
P. C.
1. The above Family Court Appeal has been filed by the Appellant-Wife challenging the order passed by the Family Court, Pune dated 11th April 2024. By the impugned order, a divorce was granted by the Family Court to the Respondent-Husband. No maintenance was granted to the Appellant-Wife in the final order passed by the Family Court.
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9.fca.132.2014.doc
2. After much deliberations and efforts by the learned advocates appearing for the respective parties, we are happy to note that the Appellant-Wife and the Respondent-Husband have settled their disputes as recorded in the Consent Terms dated 26th April, 2024.
3. Though these Consent Terms provide that the RespondentHusband shall pay an amount of Rs.5,000/- per month to the Appellant-Wife for the next 36 months [aggregating to Rs.1,80,000/-] or till she gets remarried, whichever is prior, Mr.Vyas, the learned counsel appearing on behalf of the Respondent-Husband has stated that notwithstanding the Consent Terms, the period of paying this amount of
Rs.1,80,000/- can be curtailed in the following manner:-
| Period | Amount |
|---|---|
| 01/05/2024 to 01/10/2024 (6 months) |
Rs.5,000/- per month |
| 01/11/2024 to 01/01/2026 (15 months) |
Rs.10,000/- per month |
| Total payable | Rs.1,80,000/- |
In other words, Mr.Vyas submitted that instead of paying Rs.1,80,000/- over the period of 36 months, the said amount shall be paid within a period of 21 months. We accept the said statement as an undertaking given to the Court. Since the period of payment is being
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9.fca.132.2014.doc
curtailed, the Appellant-Wife also has not raised any objection to the same.
4. We are also informed that for the months of March, 2024 and April, 2024 there are arrears of maintenance of Rs.5,000/- per month (totalling to Rs.10,000/-). Mr.Vyas has further stated that though these arrears do not form part of the Consent Terms, they shall be paid to the Appellant-Wife by 15th May, 2024. This statement is also accepted as an undertaking given to the Court.
5. The Consent Terms also provide that the RespondentHusband will transfer his Flat admeasuring approximately about 250 sq.ft. being Flat No.11, Raygad Heights, M No.3/27/28NR Gram Panchayat 411041 (for short " Flat No.11 "), in favour of the AppellantWife by way of a registered Gift Deed within a period of 60 days from the presentation of the present Consent Terms. In turn, the AppellantWife has agreed and undertaken to deliver and handover the keys and vacant and peaceful possession of Flat No.490 Narayan Peth, opposite Pune Marathi Library, Pune 411030 (for short " Flat No.490 "), to the Respondent-Husband on or before 60 days from the signing of the present Consent Terms. The Consent Terms further provide that in the
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9.fca.132.2014.doc
event the Appellant-Wife fails to abide by this undertaking, the Respondent-Husband would be entitled to evict the Appellant-Wife from Flat No.490 with the help of the local Police.
6. Mr.Vyas, the learned advocate appearing on behalf of the Respondent-Husband has further stated that the keys of Flat No.11 shall be handed over to the advocates for the Appellant-Wife within a period of 15 days from today so as to enable her to start shifting her belongings from Flat No.490 to Flat No.11 . The said statement made by Mr.Vyas is accepted as an undertaking given to the Court.
7. The Consent Terms have been signed by the Appellant-Wife and the Respondent-Husband. They are both present before Court today. We have inquired from them whether they have read the Consent Terms and appended their signature thereon. They have answered in the affirmative and have further stated that they have read and understood the Consent Terms as well as the implications thereof. The Consent Terms are also signed by the advocates for the Appellant and the advocates for the Respondent.
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8. In these circumstances, the Consent Terms dated 26th April, 2024 are taken on record and marked " X " for identification. There shall be an order and decree in terms of the Consent Terms.
9. The Consent Terms inter alia provide that this Court be pleased to pass a decree of dissolution of marriage under Section 13B of the Hindu Marriage Act, 1955. It is not in dispute before us that the Appellant-Wife and the Respondent-Husband have been residing separately for approximately 16 years. Considering these circumstances and the agreement arrived at between the parties as recorded in the Consent Terms, as well as in this order, we dissolve the marriage solemnized between the Appellant-Wife and the Respondent-Husband on 30th November 2006, by mutual consent under Section 13B of the Hindu Marriage Act, 1955.
10. The order of the Family Court granting a divorce to the Respondent-Husband on the ground of cruelty is now set aside and substituted by the present Consent Terms read with the present order.
11. For the sake of convenience, a scanned copy of the Consent Terms dated 26/04/2024 as signed by the parties, are appended to this order.
Utkarsh
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9.fca.132.2014.doc
12. The above Family Court Appeal is disposed of in the aforesaid terms. However, there shall be no order as to costs.
13. In view of the disposal of the above Family Court Appeal, any Applications pending therein do not survive and are disposed of accordingly.
14. Though we have disposed of the above Family Court Appeal, considering that the Respondent-Husband is to gift Flat No.11 to the Appellant-Wife, and in turn the Appellant-Wife is supposed to vacate Flat No.490 within a period of 60 days from today, for the limited purpose of reporting compliance on this issue, we place the above Appeal on board on 26th June, 2024.
15. 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.
[SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]
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Utkarsh
1 issue framed by the court
Whether the appeal against the Family Court's divorce decree could be settled by mutual consent terms including dissolution under Section 13B HMA and maintenance/property arrangements.
1 provisions across 1 enactments
Vaishali Harshad Deshpande
Harshad Mukund Deshpande
B. P. Colabawalla
Somasekhar Sundaresan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
