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Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FAMILY COURT APPEAL STAMP NO. 9038 OF 2019 Mr. Ritesh Dinanath Patni ....Appellant V/S Mers. Rajvinder Karu Ritesh Patni ....Respondent Mr Uday P Warunjikar for Appellant CORAM : AKIL KURESHI & SARANG VIJAYKUMAR KOTWAL, JJ DATE : 24th April, 2019 P.C. : Stand over to 02/05/2019 along with the Civil Appln.(St) No. 12363/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FAMILY COURT APPEAL NO. 98 OF 2019 Mr. Ritesh Deenanath Patni ....Appellant V/S Mers. Rajvinder Kaur Ritesh Patni ....Respondent Uday P Warunjikar For Appellant Adv.Sangale a/wRajendrakumar Ramchandra Galange For Respondent CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ DATE : 14th June, 2019 P.C. : Stand over to 21/06/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.98 OF 2019 Ritesh Deenanath Patni … Appellant versus Rajvinder Kaur Ritesh Patni … Respondent Mr. Uday Warunjikar, for Appellant. Mr. Sangle i/by R.R.Galange, for Respondent. Mr. Ritesh Patni, appellant present. Ms. Rajvinder Kaur R. Patni, wife present. CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ. DATE: 21st JUNE, 2019 P.C.: Pursuant to the oral directions, the husband has produced certain documents. Counsel made a statement in his presence that towards arrears of maintenance, he shall pay a sum of Rs.1,00,000/- to the wife before 28th June, 2019, directly in her bank account, details of which may be supplied by the Counsel for the wife today itself. Perusal of the documents produced by the husband would show that in his bank account in Indusind Bank, there are sizable credit entries of Rs.10 Lakhs, Rs.30 Lakhs, Rs.1.50 Lakhs, Rs.1.50 Lakhs, Rs.1.60 Lakhs in the recent past all through cheques. This account also shows cash credit of Rs.49,900, Rs.50,000/- and Rs.50,000/-. He shall explain the source and the purpose of the deposit of the said amounts in his account on affidavit. Stand over to 28th June, 2019. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. )
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 98 OF 2019 Ritesh Deenanath Patni .. Appellant Versus Rajvinder Kaur Ritesh Patni .. Respondent ................... Mr. Uday Warunjikar for the Appellant Mr. A.T. Sangle for the Respondent ................... CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ. DATE : JUNE 28, 2019. P.C.: 1. The appellant - husband and the respondent - wife are present before the Court along with their respective Advocates. The appellant has handed over a demand draft in the sum of Rs. 1 Lakh drawn in favour of the respondent wife towards arrears of maintenance. 2. S.O to 5th July, 2019. On the next date of hearing, the appellant shall pay a further substantial sum towards the remaining arrears and state before us the time within which the entire arrears will be cleared. [ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ]
Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.98 OF 2019 Shri Ritesh Deenanath Patni … Appellant Vs Smt.Rajvinder Kaur Ritesh Patni … Respondent Mr.Uday Warunjikar for the Appellant Mr.A.T. Sangle i/b R.R. Galange for the Respondent Appellant present Respondent present CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ. DATED: JULY 5, 2019 P.C.: Having heard the learned Counsel for the parties, we noticed that approximately a sum of Rs.2 lakhs remains to be paid by the husband to the wife as per the judgment of the Family Court by way of maintainance counted upto 31.1.2019. The Respondent husband is present before the Court with his advocate. He has given a demand draft in the sum of Rs.70,000/- in the name of the wife. He states that a further sum of Rs.1,30,000/- would be paid to the wife within 4 weeks from today. The undertaking and the statement are accepted. He shall act accordingly. S.O. to 2.8.2019. (S.J. KATHAWALLA, J.) (AKIL KURESHI, J.)
Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE FAMILY COURT APPEAL NO.98 OF 2019 Ritesh D. Patni … Appellant Vs Rajvinder Kaur Ritesh Patni … Respondent Mr.U.P. Warunjikar for the Appellant Mr.Rajendrakumar R. Galange for Respondent CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ. DATED: AUGUST 2, 2019 P.C.: Pursuant to the order dated 5.7.2019, the advocate appearing for the appellant/husband tenders a demand draft of Rs.1,50,000/- drawn in favour of the respondent – wife. The same is handed over to the respondent/wife. S.O. to 16.8.2019. (S.J. KATHAWALLA, J.) (AKIL KURESHI, J.)
Order - Status 17: 1 / 1 13-FCA-98-2019-A.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 98 OF 2019 Mr.Ritesh Deenanath Patni ... Appellant Versus Mrs.Rajvinder Kaur Ritesh Patni ... Respondent Mr.Uday Warunjikar for the Appellant. Mr.A.T.Sangle i/b. Mr. R.R.Galange for the Respondent. Mr.Ritesh Deenanath Patni - Appellant present in person. Mrs.Rajvinder Kaur Ritesh Patni - Respondent present in person. CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ. DATE : 16TH AUGUST, 2019 P.C.: Appeal is admitted. Counsel for the respondent waives notice of admission of the appeal. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J.)
Order - Status 18: 1-fca98-19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.98 OF 2019 WITH CIVIL APPLICATION NO.253 OF 2019 Ritesnh D. Patni ...Appellant V/s. Mrs.Rajvinder Kaur Ritesh Patni ...Respondent Ms.Vaishanavi Gjujarathi i/b Dr.U.P. Warunjikar for the Appellant. Ritesnh D. Patni – Appellant present in Court. Mr.A.T. Sangle for the Respondent. Mrs.Rajvinder Kaur Ritesh Patni – Respondent in Court. CORAM : R.D. DHANUKA & V.G. BISHT, JJ. DATE : 3RD FEBRUARY, 2021. P.C. :- Learned counsel for both the parties on instructions agree to refer the disputes to mediation of Ms.Gitanjali Prabhu Shetty, a counsel of this Court, C/o Room No.57, Second Floor, Bombay Bar Association. Statement is accepted. Ms.Gitanjali Prabhu Shetty is appointed as a Mediator. Both the parties are directed to co-operate with each other and also with the learned Mediator in submitting the report expeditiously. Learned Mediator shall make an endeavour to submit the report within four weeks from today. Both the parties have agreed to bear the fees and expenses of the learned Mediator, if any, equally. Place the matter on board for directions on 8th March, 2021 along with Mediator's report. Ad-interim relief , if any, to continue till next date. (V.G. BISHT, J.) (R.D. DHANUKA, J.)
Order - Status 20: 13.fca.98.2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.98 OF 2019 Ritesh Dinanath Patni .. Applicant/Org.Appellant Versus Rajvinder Kaur Ritesh Patni .. Respondent WITH BHALERAO Digitally signed by UTKARSH KAKASAHEB BHALERAO Date: 2023.10.20 15:21:31 +0530 UTKARSH KAKASAHEB INTERIM APPLICATION NO.13698 OF 2023 IN FAMILY COURT APPEAL NO.98 OF 2019 Ritesh Dinanath Patni .. Applicant/Org.Appellant Versus Rajvinder Kaur Ritesh Patni .. Respondent WITH CIVIL APPLICATION NO.253 OF 2019 IN FAMILY COURT APPEAL NO.98 OF 2019 Ritesh Deenanath Patni .. Applicant Versus Rajvinder Kaur Ritesh Patni .. Respondent Page 1 of 7 OCTOBER 19, 2023 Utkarsh Mr.Uday Warunjikar a/w Sumit Kate, Jenish Jain Advocates for the Appellant-Husband. Mr.Amit Jamsandekar i/b High Court Legal Services Committee by appointment letter dated 06.10.2023, Advocates for the Respondent-Wife. Mr.Ritesh D. Patni , Appellant-Husband is present in Court. Mrs.Rajvinder Kaur Ritesh Patni , Respondent-Wife is present in Court. С CORAM : B. P. COLABAWALLA & LLA & M.M. SATHAYE, JJ. JJ. D DATE : OCTOBER 19, 2023 23 P. C. 1. In the above matter several orders have been passed. We need not to refer all of them. Suffice it to state that on 4th August, 2023 this Court passed an order in Interim Application No.13698 of 2023, wherein we had recorded the statement of the Respondent-Wife that an amount of Rs.11 Lakhs was received by her in full and final settlement of the disputes between the parties. We had also recorded that out of the sum of Rs.11 Lakhs, an amount of Rs.5 Lakhs has already been deposited in the Registry of this Court. We therefore directed the Registry to permit the Respondent-Wife to unconditionally withdraw this amount with accrued interest thereon, if any. As far as the balance Page 2 of 7 OCTOBER 19, 2023 Utkarsh amount of Rs.6 Lakhs was concerned, the learned advocate appearing on behalf of the Husband sought time to make the aforesaid payment on or before 30th November, 2023. We were of the opinion that this request was unreasonable and therefore, we directed that the balance amount of Rs.6 Lakhs shall be paid on or before 15th September, 2023 through RTGS to the Respondent-Wife. We had accordingly placed the matter for reporting compliance and further directions on 15th September, 2023. 2. When the matter was called out on 15th September, 2023 it was brought to our attention that the balance amount of Rs.6 Lakhs was also paid to the Respondent-Wife. In other words, the entire amount of Rs.11 Lakhs was paid. However, on 15th September, 2023, the Respondent-Wife made, what we can call, only a mercy plea. She submitted that the amount of Rs.11 Lakhs, and which was paid to the Respondent-Wife, is an amount which is not adequate and some additional amount ought to be paid, over and above the sum of Rs.11 Lakhs. Accordingly on 15th September, 2023, Mr.Warunjikar, the learned advocate appearing for the Husband, submitted that though the Wife cannot be allowed to resile from the commitment made to this Court [as recorded in the order dated 4th August, 2023], to put an end to Page 3 of 7 OCTOBER 19, 2023 Utkarsh the entire dispute between the parties, including all proceedings filed under the Domestic Violence Act and all other proceedings, his client is willing to pay an additional sum of Rs.1 Lakh on or before 13th October, 2023. This offer made by Mr.Warunjikar was graciously accepted by the Respondent-Wife. In other words now the total settlement amount was Rs.12 Lakhs out of which Rs.11 Lakhs were already paid and the balance amount of Rs.1 Lakh was to be paid on or before 13th October, 2023. Since this amount was to be paid on 13th October, 2023 we had kept the above matter on board on the said date and had opined that final orders of a decree of divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 including orders of withdrawal of all proceedings filed by the parties against each other, would be passed on the said date. 3. On 13th October, 2023 the matter reached and since the advocate for the Respondent-Wife sought some accommodation, the matter was kept today. 4. Today when the matter is called out, the parties have tendered Consent Terms dated 19th October, 2023. The Consent Terms inter alia provide that, since the parties have been residing separately Page 4 of 7 OCTOBER 19, 2023 since 2014 a decree of divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 be passed. The Consent Terms also record that the sum of Rs.12 Lakhs has been paid by the Appellant-Husband to the Respondent-Wife. The Consent Terms also provide that the parties agree that they shall withdraw all the claims/contentions/allegations and proceedings against each other and their family members in different Courts and/or before any police authorities, including the Domestic Violence case at Kurla Court, D.V. Case No.-DVC/157/2016. Though no period has been prescribed in the Consent Terms, both parties have agreed that they shall withdraw their respective proceedings against each other within a period of 15 Days from today. The said statement is accepted as an undertakings given to the Court. 5. The Consent Terms have been signed today by the Appellant-Husband as well as the Respondent-Wife in front of their Advocates. Both, the Appellant-Husband and the Respondent-Wife, are present in Court and have stated that they have signed the Consent Terms after reading and understanding the same as well as the implications thereof. 6. The Consent Terms are also signed by the Advocates for the Appellant and the Advocates for the Respondent. 7. In these circumstances, the Consent Terms dated 19th October, 2023 are taken on record and marked ' X ' for identification. 8. All the undertakings given in the Consent Terms are accepted as undertakings given to the Court. There shall be an order and decree in terms of the Consent Terms and as per the Consent Terms we hereby dissolve the marriage between the Appellant-Husband and the Respondent-Wife solemnized on 9th December, 2012 by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955. 9. This order read with Consent Terms shall be substituted in place of the order passed by the Family Court and which is impugned in the present Appeal. 10. The Family Court Appeal is accordingly disposed of. However, there shall be no order as to costs. 11. In light of the dismissal of the above Family Court Appeal, nothing survives in the above Interim Application as well as in the above Civil Application and the same are disposed of accordingly. 12. 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. [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] Page 7 of 7 OCTOBER 19, 2023
1) Document Filed: Report
Filed By : Rajvinder Kaur Ritesh
Advocate: Rajendrakumar Ramchandra Galange
Filed Document - Date of Receiving - 1: 13/06/2019
2) Document Filed: Vakalatnama
Advocate: Rajendrakumar Ramchandra Galange
Filed Document - Date of Receiving - 2: 12/06/2019
3) Document Filed: Certified Copy
Advocate: Uday P Warunjikar
Filed Document - Date of Receiving - 3: 30/03/2019
Respondent-1: Mers. Rajvinder Kaur Ritesh Patni
Petitioner-1: Ritesh Deenanath Patni
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 289 OF 2016 IN FAMILY COURT APPEAL (St.) No. 14685 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Segandh B. Deshmukh, for the Applicant / Appellant. CORAM : V. M. KANADE, & Mrs. SWAPNA S. JOSHI, JJ. DATE : OCTOBER 26, 2016 PC. Issue notice before admission R/o. 5th December, 2016. Hamdast permitted. Sd/- [V. M. KANADE, J.] Sd/- [Mrs. SWAPNA S. JOSHI, J.] ________________________________________________________________ VPH Vinayak Halemath
Order - Status 6: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.M. NO.289 OF 2016 IN FAMILY COURT APPEAL ST. NO.14685 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : R.M. JOSHI I/c.REGISTRAR (JUDL – II) Date : 25th November, 2016 1 week granted for furnishing copy. sd/ I/c.Registrar (Judl.ÂII) dsm – R(JÂII) – 25.11.16
Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.M. NO.289 OF 2016 IN FAMILY COURT APPEAL ST. NO.14685 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 09th December, 2016 S.O. to 1 week. sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 09.12.16
Order - Status 11: (CAM 289 of 2016) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 289 OF 2016 IN FAMILY COURT APPEAL (ST) No.14685 OF 2016 Smt. Sarika Badal Shinde ...Applicant Vs. Shri Badal Vijay Shinde ...Respondent *********** Mr. Sugandh B. Deshmukh for Applicant Mr. Abhijit Patil i/b. Mr. Sushant S. Prabhune for Respondent *********** CORAM : R.M. BORDE & A.S. GADKARI, JJ. DATE : JANUARY 04, 2017 P.C. : This is an application, seeking condonation of delay of 60 days in filing the present Family Court Appeal. The decree passed by the Family Court appears to have been (CAM 289 of 2016) issued in the absence of the Appellant. In this view of the matter, the delay of 60 days in filing the present appeal is condoned. Civil application for condonation of delay is allowed and disposed of. Place the Family Court Appeal for consideration on the Board on 11.1.2017 [ A.S. GADKARI, J.] [ R.M. BORDE, J.] Vaishali Tikam
1) Document Filed: Report
Filed By : Sarjerao P. Shinde
Advocate: Sugandh B. Deshmukh
Filed Document - Date of Receiving - 1: 02/12/2016
Respondent-1: Shri. Badal Vijay Shinde
Petitioner-1: Sarika Badal Shinde
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.254 OF 2015 IN FAMILY COURT APPEAL (ST) NO.14544 OF 2015 Sou. Neha Abhijit Mangudkar Applicant. V/s. Abhijit Bharat Mangudkar Respondent. Mr.S.S. Deshmukh for the applicant. None for the respondent. CORAM : CORAM : V.M.KANADE AND MRS.SWAPNA JOSHI, JJ. JJ. DATED : 24TH AUGUST, 2016 P.C. :- Issue notice to the respondent, returnable on 21st September, 2016. (MRS.SWAPNA JOSHI, J.) (V.M.KANADE, J.)
Order - Status 6: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.M. NO.254 OF 2015 IN FAMILY COURT APPEAL ST. NO.14544 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 8th September, 2016 S.O. 1 week for supplying copy.  sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 08.09.16
Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.M. NO.254 OF 2015 IN FAMILY COURT APPEAL ST. NO.14544 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 29th September, 2016 Stand over 1 week for furnishing copies.  sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 29.09.16
Order - Status 9: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.M. NO.254 OF 2015 IN FAMILY COURT APPEAL ST. NO.14544 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 26th October, 2016 Returnable date is extended by 8 weeks.  sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 26.10.16
Order - Status 10: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.M. NO.254 OF 2015 IN FIRST APPEAL ST. NO.14544 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 21st December, 2016 Await Service for 5 weeks. sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 21.12.16
Order - Status 14: (CAM 254 OF 2015) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 254 OF 2015 IN FAMILY COURT APPEAL (ST.) No. 14544 OF 2015 Sou. Neha Abhijit Mangudkar Applicant/Appellant Vs. Mr. Abhijit Bharat Mangudkar Respondent *********** Mr. Shrishailay S. Deshmukh for the Applicant/Appellant Mr. Dhananjay Patil for Respondent. *********** CORAM : V.M. KANADE & P.R. BORA, JJ DATE : FEBRUARY 06, 2017 P.C. : Heard the learned counsel appearing on behalf of the Applicant and the learned counsel for the Respondent. The application is filed for condonation of delay. There is a delay of 20 days in filing the Family Court Appeal, which is filed against the order passed by the Family Court. The Applicant has vat stated in her civil application that it took time for her to send the papers to her advocate and, therefore, the delay was caused in filing the FCA. On the other hand, a detailed affidavit in reply has been filed on behalf of the Respondent. Firstly, it is submitted that the valuable right has accrued in favour of the Respondent after the period of limitation is over. Secondly, it is submitted that there is an unexplained delay of 22 days and not 20 days. Thirdly, it is submitted that so far as the averment regarding the relatives of the Applicant were trying for amicable settlement of the present matrimonial matter is concerned, the said averment is false and no settlement talks have been taken place. Several other grounds have been taken in the reply. It is also pointed out that the Petitioner had remained absent on number of days before the Family Court and lastly, it is submitted that the Applicant is harassing the Respondent by filing civil applications and the petition for divorce filed by the Respondent before the Family Court is now at the last stage. It is submitted that on all these grounds, the civil application filed for condonation of delay may not be allowed. It is a settled position in law that if a plausible explanation is given by the Applicant, who is exercising his/her statutory right of appeal, then this Court shall exercise its discretionary power and condone the delay caused in filing the appeal. In the present case, there is a only delay of 20 days and the Applicant has a right to be heard on merits. Ultimately, while hearing the Applicant and the Respondent, this Court may consider the various submissions made by the learned counsel appearing on behalf of the Respondent. So far (CAM 254 OF 2015) as the delay is concerned, we are inclined to condone the delay of 20 days. Hence, civil application filed for condonation of delay is allowed and disposed of in terms of prayer clause (a). Place the Family Court Appeal on the admission board on 20.2.2017 [ P.R. BORA, J.] [ V.M. KANADE, J.] Vaishali Tikam
1) Document Filed: Report
Filed By : Abhijit Bharat Mangudkar
Advocate: Sabeena Mahadik
Filed Document - Date of Receiving - 1: 02/02/2017
Respondent-1: Abhijit Bharat Mangudkar
Petitioner-1: Sou. Neha Abhijit Mangudkar
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 13 OF 2008 Smt.Sakhubai Dnyanu Pukale ...Appellant vs. Shri Dnyanu Dadu Pukale ...Respondent None for the Appellant. CORAM : D.B. BHOSALE AND M.L. TAHALIYANI, JJ. AUGUST 25, 2011 P.C :- None for the appellant. Issue notice to respondent, returnable in six weeks. In addition to court notice, the appellant is directed to give advocate's notice to the respondent either personally or through RPAD/Speed Post and file an affidavit of service before the returnable date. The appellant is also directed to file appeal memo in substance forms along with decree forms within a period of six weeks failing which the appeal shall stand dismissed for non-prosecution without further reference to the court. (M.L. TAHALIYANI, J.) (D.B. BHOSALE, J.)
Respondent-1: Dnaynu Dadu Pukale
Petitioner-1: Sakhubai Dnyanu Pukale
Order - Status 2: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL ST. NO.14685 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : A.N. MARE REGISTRAR (JUDL – II) Date : 08th August, 2016 3 weeks time granted for removing office objections. sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 08.08.16
Order - Status 3: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL ST. NO.14685 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 29th August, 2016 3 weeks time granted for removing office objections.  sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 29.08.16
Order - Status 4: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL ST. NO.14685 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 19th September, 2016 S.O. 3 weeks as a last chance for removing office objections.  sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 19.09.16
Order - Status 10: (FCA 7 of 2017) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL No. 7 OF 2017 Sarika Badal Shinde ….Appellant Vs. Shri Badal Vijay Shinde ….Respondent *********** None for the Appellant Abhijit Patil i/b. Sushant Prabhure for Respondent *********** CORAM : V.M. KANADE & P.R. BORA, JJ DATE : FEBRUARY 07, 2017 P.C. : None for the Appellant. Heard the learned counsel for the Respondent. Perused the appeal memo and the impugned order. Admit. The learned counsel for the Respondent waives service of the notice on behalf of the Respondent. The impugned order is stayed. [ P.R. BORA, J.] [ V.M. KANADE, J.] Vaishali Tikam 1/1 vat
Order - Status 14: 1/9 903-FCA-7-17.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.7 OF 2017 WITH CIVIL APPLICATION NO.271 OF 2019 IN FAMILY COURT APPEAL NO.7 OF 2017 . . . . . . . Sarika Badal Shinde versus Badal Vijay Shinde .... Appellant .... Respondent • Mr.Sugandh B. Deshmukh, Advocate for Applicant. • Mr.Sushant Sudhakar Prabhune, Advocate for Respondent. CORAM : K. K. TATED & SARANG V. KOTWAL, JJ. DATE : 09 th JANUARY, 2020. P.C. : Heard learned Counsel for the parties. By this Family Court Appeal, Appellant/Wife is challenging the judgment and decree dated 08/12/2015 passed by the Family Court, Kolhapur in Petition No.A 33 of 2015 allowing Respondent husband's Petition under section 9 of Hindu Marriage Act, 1955. The main contention of the Appellant is that the said order was passed by the Family Court as ex-arte because no one appeared on behalf of her when the matter was called out for hearing. Both the counsel submit that for last several years, Appellant as well as Respondent are staying separately. Therefore, now it is not possible for them to reconcile the dispute and start living together. Hence, both of them have decided to take divorce by consent before the Family Court at Kolhapur. They further submit that the impugned order passed by Family Court dated 08/12/2015 be set aside. Both the Counsel submit that the matter is settled out of Court. They have tendered Consent Terms dated 09/01/2020 duly signed by the Appellant as well as Respondent along with their parents who are present before this Court. The Appellant as well as the Respondent entered into the witness box. They admitted the contents of Consent Terms as well as the execution thereof. Hence same is taken on record and marked 'X' for identification, which reads thus; "IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 7 OF 2017. DISTRICT – KOLHAPUR IN THE MATTER BETWEEN SARIKA BADAL SHINDE, Age – 30 years, Occu. Service, C/o. Shri. VishwasDattatrayDeshmukh 203,2nd Floor,Atmaram Complex, Near Deshmukh Petrol Pump, At & Post:Asthami, Tal. Roha, Dist. Raigad. …APPELLANT .......(ORG. RESPONDENT) VERSUS BADAL VIJAY SHINDE, Age – 31 years, Occu. Service, 217/7, A Ward, Atharv Apartment, Flat No.8 & 9, Dudhali, Tal. Karveer, Dist. Kolhapur. … RESPONDENT (ORG. PETITIONER) CONSENT TERMS Whereas the Respondent and the Appellant are husband and wife, their marriage having been solemnised at Kolhapur, on 17th of February, 2014 according to the Hindu religion, vaidic rites and ceremonies. Whereas the Respondent and the Appellant have, therefore, without carrying any ill feeling about each other in the future decided to dissolve their marriage by mutual consent on amicable terms and conditions. AGREED, CONFIRMED AND DECLARED THAT the Appellant and the Respondent have decided amicably with free consent to dissolve their marriage by virtue of fling a Divorce Petition by mutual Consent. AGREED, CONFIRMED AND DECLARED THAT the Respondent shall pay to the Appellant an amount of Rs. 20,00,000/- (Rupees Twenty Lakh only) towards one time lump sum full and fnal settlement of their matrimonial dispute, and on the basis of the aforementioned settlement amount, the parties have agreed to dissolve their Marriage dated 17.2.2014 by Mutual Consent. Out of the settlement amount of Rs.20, 00,000/-, the Respondent shall deposit Rs 5 lakh in the Learned Family Court, Kolhapur on the date of fling of the divorce petition by mutual consent in the Learned Family Court, Kolhapur on 31/1/2020. Both the parties shall appear before the Learned Family Court, Kolhapur on 31/1/2020 and shall fle the divorce petition by mutual consent in the said Court. The remaining amount of Rs. 7,50,000/- (rupees seven lakh ffty thousand only) shall be deposited by the Respondent before the Learned Family Court, Kolhapur on or before 2/3/2020 and the last remaining amount of Rs. 7,50,000/- (rupees seven lakh ffty thousand only) shall be deposited by the Respondent before the Learned Family Court, Kolhapur on or before 10/4/2020 towards the full and fnal settlement for dissolution of marriage by mutual consent and the Appellant shall not claim any amount in future . The Appellant agrees to withdraw the said amount unconditionally from the Learned Family Court, Kolhapur after the grant of decree of divorce in the Divorce Petition by mutual consent. AGREED, CONFIRMED AND DECLARED THAT the parties have not initiated any other complaint or legal proceedings against each other in any Court and shall end and settle all the disputes without flling any further complaints or legal proceedings against each other. AGREED, CONFIRMED AND DECLARED THAT the parties will / shall not demand, claim anything cash, Jwellery or in kind or any other claim of whatsoever nature from each other and/or from our family members/relatives apart from the settlement amount mentioned herein above. It is agreed that Appellant will not claim any share in the moveable or immoveable property of Respondent and his parents. AGREED, CONFIRMED AND DECLARED THAT whereas Respondent is not liable to give anything to the Appellant or to her family at present and in future apart from the settlement amount. AGREED, CONFIRMED AND DECLARED THAT the parties after divorce will be at liberty to remarry with our any new life partner as per their sweet will and both parties have no any objection for the same against each other. AGREED, CONFIRMED AND DECLARED THAT the parties after seeking the divorce shall not lodge/fle any 7 / 9 903-FCA-7-17.odt complaint in any police station and not fle any case in any court against each other to harass, fortune, blackmail and for recovery of any claim of whatsoever nature. AGREED, CONFIRMED AND DECLARED THAT after the divorce, the Appellant will be known by her maiden name i.e. Sarika Deshmukh and she will not use, raise, call or address the name and surname of the Respondent in future. Similarly, the Respondent will not raise call or address the name of the Appellant as his wife in future. AGREED, CONFIRMED AND DECLARED by the parties that they will abide by all terms and conditions of this Consent Terms and in case if anyone of the parties breaches any terms or conditions, then the other party will have full right to initiate legal actions against the other party. AGREED, CONFIRMED AND DECLARED by the parties that all the above terms and conditions this Consent Terms are prepared with full understanding and willingly and without any undue infuence or pressure. Dated the 9th day of January, 2020 Appellant: Sarika Badal Shinde Advocate for the Appellant Respondent: Badal Vijay Shinde Advocate for the Respondent Witnesses: 2." Both the Counsel submit that they are filing their consent Petition before the Family Court at Kolhapur for divorce by mutual consent. Both the Counsel and Family Court may be directed to entertain the same immediately without waiting for cooling period i.e. six months as the parties are residing separately for last six years. If the Petition for divorce by consent is filed before the Family Court at Kolhapur, Family Court to decide the same without waiting for cooling period i.e. six months as both the parties are residing separately for last more than six years. Undertaking given by both the parties in Consent Terms is accepted. Hence following order: (a) Family Court Appeal No.7/2017 is disposed of in terms of Consent Terms by setting aside the impugned Judgment and Decree dated 08/12/2015 passed by learned Family Court, Kolhapur in Petition No.A 33 of 2015. (b) Registry is directed to draw the decree accordingly. (c) No order as to costs. (d) In view of the disposal of Family Court Appeal in terms of Consent Terms, nothing survives in Civil Application. Hence the Civil Application stands dismissed as infructous. (e) Parties to act on authenticated copy of this order. (SARANG V. KOTWAL, J.) (K.K.TATED, J.)
1) Document Filed: Vakalatnama
Advocate: Sushant Sudhakar Prabhune
Filed Document - Date of Receiving - 1: 15/12/2016
Respondent-1: Shri. Badal Vijay Shinde
Petitioner-1: Sarika Badal Shinde