Disposed

Aarati Mahesh Babar v. Mahesh Mohan Babar

Bombay HC23 Aug 2024MCA/68/2024

Case brief

AI extract

What is this about?

The Court recorded Consent Terms executed by parties in a mutual consent divorce application. An interim amount of Rs.2 lakh was handed over, with the balance Rs.18 lakh to remain in escrow pending the Family Court decree. The matter was disposed of as an interlocutory order directing the lower court to expedite proceedings.

What did the court decide?

Received and recorded consent terms; directed lower court to expedite Family Court proceedings.

Aarati Mahesh Babar Vs Mahesh Mohan Babar — Bombay HC (2024) — LawSathi Research

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41.MCA.68.2024..doc

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HARSHADA H. SAWANT (P.A.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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MISCELLANEOUS CIVIL APPLICATION NO.68 OF 2024

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Aarati Mahesh Babar and Anr. .. Applicants Versus Mahesh Mohan Babar .. Respondent

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Mr. Akshay R. Kapadia, Advocate for Applicants.

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Mr. Vaibhav Ramchandra Gaikwad, Advocate for Respondent.

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CORAM : MILIND N. JADHAV, J. DATE : AUGUST 23, 2024

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P.C.:

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1. Mentioned out of turn.

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2. Heard Mr. Kapadia, learned Advocate for Applicants and Mr.

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Gaikwad, learned Advocate for Respondent.

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3. I am informed by Mr. Kapadia and Mr. Gaikwad that original copy of the Consent Terms is filed before Mediation Centre i.e. Main Mediation Centre, Bombay High Court. The copy of Consent Terms are taken on record and marked ‘ X ’ for identification. They are executed by wife-Aarati Mahesh Babar; husband – Mr. Mahesh Mohan Babar; daugther – Anmol Mahesh Babar and Mediator – Ms. Arman S. Dalal. They are totally running into six pages. For the sake of reference and convenience, the same are scanned and reproduced below:-

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4. Parties are bound by the rights and obligations and more specifically obligations to be fulfilled and stated in the Consent Terms. The obligations are taken as undertaking given to this Court and parties shall abide by them.

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5. Both the learned Advocates appearing for the respective parties persuade the Court to record the fact that on the execution of this Consent Terms, Demand Draft of Rs.2,00,000/- is handed over to Applicant No.1 whereas the Demand Draft in respect to balance amount of Rs.18,00,000/- shall be handed over to Applicants only on getting the decree of divorce by mutual consent from the Family Court.

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6. In the meanwhile, Mr. Gaikwad shall be entrusted with responsibility of preserving the Demand Draft of Rs.18,00,000/- so that after getting the desired result from the Family Court, he shall be responsible for handing over the said Demand Draft to the Applicants.

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7. In view of the consent terms which have been filed by parties, I am informed that the next date before Family Court is on 29.08.2024. A server copy of this order shall be placed before the concerned Court, which shall take immediate cognizance and ensure that the Divorce Petition is determined as expeditiously as possible and in accordance with law.

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8. Parties shall be at liberty to make appropriate application before the Family Court to consider passing of appropriate orders in the mutual consent Divorce Petition on 29.08.2024 which shall be considered by the Family Court so that parties can get the desired result.

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9. Order in terms of Consent Terms.

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10. With the above directions, Miscellaneous Civil Application is

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disposed.

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H. H. SAWANT

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[ MILIND N. JADHAV, J. ]

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Digitally signed HARSHADAHANUMANT by HARSHADAHANUMANTSAWANT SAWANT Date: 2024.08.26 18:13:04 +0530

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Aarati Mahesh Babar v. Mahesh Mohan Babar

Case brief

What is this about?

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Aarati Mahesh Babar v. Mahesh Mohan Babar

Case brief

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What did the court decide?

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