Allowed

Sou.Namrata Pankaj Ojha v. Shri.Pankaj Radheshyam Ojha

Bombay HC18 Apr 2024IA/3867/2023

Case brief

AI extract

What is this about?

This appeal involved a matrimonial dispute where parties filed a divorce petition and a restitution of conjugal rights petition. Upon settlement of disputes and execution of consent terms covering alimony, maintenance, and property, the High Court set aside the impugned judgment and granted a divorce by mutual consent.

What did the court decide?

A decree of divorce granted by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955; impugned judgment set aside.

Sou.Namrata Pankaj Ojha Vs Shri.Pankaj Radheshyam Ojha — Matrimonial and Divorce | Bombay HC (2024)

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1.FCAST-3431.2022-ORS.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FAMILY COURT APPEAL (ST) NO. 3431 OF 2022

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WITH

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FAMILY COURT APPEAL (ST) NO. 3031 OF 2022 WITH

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INTERIM APPLICATION (ST) NO. 3432 OF 2022 WITH

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INTERIM APPLICATION NO. 3867 OF 2023

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Sou. Namrata Pankaj Ojha. .. Appellant

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Versus

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Shri Namrata Pankaj Ojha. .. Respondent

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Ms. Fareha Rizvi, Advocate, i/b. Viresh Purwant, for the Appellant/Applicant/Wife.

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Mr. Rahul Singh, Advocate, a/w. Mr. Yash Naik, Mr. Arbaaz Shaikh i/b. Ms. Prabha Badadare, Advocate for Respondent.

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Mrs. Namrata Ojha, Appellant-Wife is present in person in Court.

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Mr. Pankaj Ojha, Respondent-Husband is present in person in Court.

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ARUNA SANDEEP TALWALKAR

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Digitally signed by ARUNA SANDEEP TALWALKAR Date: 2024.04.22 14:44:50 +0530

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CORAM: B. P. COLABAWALLA &

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SOMASEKHAR SUNDARESAN, JJ.

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DATE: APRIL 18, 2024

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Page 1 of 6 APRIL 18, 2024

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Talwalkar

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1.FCAST-3431.2022-ORS.doc

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P. C.

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1. By our Order dated 8^th April, 2024, we are happy to note that after much deliberation and with the intervention of both the Advocates, the parties had in principle settled their disputes. Draft Consent Terms were also shown to the Court with minor modifications. In these circumstances, we had directed that the matter be placed on board today for filing Consent Terms.

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2. Today when the matter is called out, we are happy to note that both the parties, namely, the Appellant Wife and the Respondent Husband have filed Consent Term dated 18^th April 2024. The Consent Terms recite that the Husband (Pankaj) had filed a Petition for divorce on the ground of cruelty and the Wife (Namrata) had filed a Petition seeking restitution of conjugal rights. The Family Court by the impugned Judgment and Order dated 10^th December, 2021 allowed the Petition for divorce filed by the Husband and dismissed the Petition filed by the Wife seeking restitution of conjugal rights. It is in these

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Page 2 of 6 APRIL 18, 2024

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Talwalkar

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1.FCAST-3431.2022-ORS.doc

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circumstances that the Wife filed the above two appeals challenging the common impugned Judgment and Order dated 10^th December, 2021. It is in these two appeals, the present consent terms are filed.

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3. The Consent Terms in paragraph-(I)(i) record that certain jewellery is to be handed over by the Husband to the Wife. That jewellery has been handed over in front of the Court today and which the Wife has duly acknowledged. The Consent Terms also provide that the Respondent Husband has to pay to the Appellant Wife a sum of Rs. 31,50,000/-(Rs. Thirty One Lakhs Fifty Thousand only) under different heads. Towards this payment, the Advocates for the Husband have handed over a demand draft in the name of the Wife drawn on ICICI Bank Ltd in the sum of Rs. 30 Lakhs. The Wife duly acknowledges the receipt of the said demand draft. The balance amount of Rs. 1,50,000/- has in fact been transferred by NEFT to the bank account of the Wife which is duly acknowledged by her.

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Page 3 of 6 APRIL 18, 2024

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Talwalkar

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1.FCAST-3431.2022-ORS.doc

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4. The Consent Terms also provide for the education and maintenance of the son who is in the custody of the Wife. The Consent Terms provide that towards the annual maintenance of the son(Apoorva), the Husband shall pay a sum of Rs. 3,60,000/- per year on or before 30^th April of every year. However, for the academic year 2024-25, the amount of Rs. 3,60,000/- shall be paid on or before 30^th May, 2024. In other words, for this academic year, the payment shall be made on or before 30^th May, 2024 and on all subsequent years it will be paid on or before 30^th April of each year. The Consent Terms also provide for disposal of cases between the parties. In a nut shell, this is what the Consent Terms really provide for.

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5. The Consent Terms have been signed by the Appellant Wife and the Respondent Husband. They are both present in the 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 Appellant and the advocate for the Respondent. In these Page 4 of 6 APRIL 18, 2024

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Talwalkar

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1.FCAST-3431.2022-ORS.doc

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circumstances, the Consent Terms dated 18^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 given to the Court. There shall be an Order and Decree in terms of Consent Terms.

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6. Since the parties have been residing separately since the year 2013 and since they have requested the Court to pass a decree of divorce by mutual consent and withdraw all allegations against each other as well as their respective family members, we hereby grant a decree of divorce to the parties by mutual consent under the provisions of Section 13(B) of the Hindu Marriage Act, 1955.

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7. The impugned Judgment and Order dated 10^th December 2021 passed by the Family Court is hereby set aside and is substituted with the Consent Terms dated 18^th April, 2024 read with present Order.

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Page 5 of 6 APRIL 18, 2024

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Talwalkar

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1.FCAST-3431.2022-ORS.doc

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8. Both the above appeals are disposed of in the aforesaid terms. However, there shall be no order as to cost.

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

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10. 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 6 of 6 APRIL 18, 2024

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Talwalkar

Sou.Namrata Pankaj Ojha v. Shri.Pankaj Radheshyam Ojha

Case brief

What is this about?

What did the court decide?

Sou.Namrata Pankaj Ojha v. Shri.Pankaj Radheshyam Ojha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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