ABDUL RAIMAN SHAIKH Vs. MUBINA ISMAIL SHAIKH

JUDGEMENT

(1.) HEARD Shri I. Agha, learned Counsel appearing for the Appellant and Shri M. Salkar, learned Counsel appearing for the Respondent. The above Appeal challenges the Judgment and Decree passed by the learned Civil Judge, Senior Division, Vasco da Gama, dated 16.04.2007, in Matrimonial Petition no. 19/2005/A whereby the suit filed by the Appellant for divorce under Article 4(4) of the Law of Divorce as in force in the State, came to be dismissed.

(2.) DURING the course of the hearing of the above Appeal, both the learned Counsel have produced settlement terms duly signed by the parties and their respective Advocates dated 12.04.2012, inter alia, stating that the divorce as prayed for by the Appellant be allowed and the marriage between the Appellant and the Respondent be dissolved by divorce in terms of Article 4(4) of the Law of Divorce. But, however, taking note of the provisions of Article 18 of the Law of Divorce which, inter alia, provides that a suit for divorce shall not be decreed on the basis of admission by the Defendant, I found it appropriate that the above Appeal is to be disposed of on merits. The said settlement terms are marked 'X' for identification.

(3.) THE Respondent filed written statements disputing the claim put forward by the Appellant. The fact of ill treatment has been disputed by the Respondent. It is further her case that the Appellant himself wanted to live separately from his family and for making such arrangements, he was demanding from the Respondent different items as mentioned at para 3 of the written statement. The Respondent, as such pointed out, that the suit deserves to be dismissed.