SINDUR NIRAJ THAKKAR Vs. NIRAJ KOSHORE THAKKAR

JUDGEMENT

(1.) The above Family Court Appeal is filed challenging the order dtd. 11/7/2017 dismissing the Appellant/wife's petition seeking a divorce. The above Review Petition is filed by the Respondent/husband seeking a review of the Order dtd. 10/1/2020 passed by this Court in Civil Application No. 336 of 2018. By the Order dtd. 10/1/2020, the Respondent/husband was inter alia directed to pay a sum of Rs.20,000.00 per month to the Appellant/wife towards their son's education expenses from January 2020 onward. It is this order that is sought to be reviewed.

(2.) When the above matters are called out today, we are pleased to note that the parties, namely the Appellant/wife and the Respondent/husband have inter se settled their disputes as recorded in the Consent Terms dtd. 31/7/2023. These Consent Terms inter alia provide that the parties have been residing separately and have not cohabited ever since 21/5/2013 and have till date not remarried. Further, their matrimonial bond is now beyond repair and their marriage is just a legal fiction. In these circumstances, as well as in the best interest of their son Divam, they have decided to amicably resolve their issues and withdraw the allegations made against each other and seek a divorce by mutual consent under Sec. 13-B of the Hindu Marriage Act, 1955 on the terms and conditions more particularly set out in the Consent Terms. The Consent Terms also provide that permanent custody of the son Divam shall remain with the Appellant/mother and access shall be given to the Respondent/father as set out in the Consent Terms. The Consent Terms also provide that an amount of Rs.3,00,000.00 would be paid by the Respondent/husband to the Appellant/wife as a full and final settlement towards the jewellery and Stridhan of the Appellant lying in the ICICI Bank Locker situated at ICICI Bank, J.N. Road, Mulund (West) Branch. Over and above this amount, it is also agreed that Respondent/husband shall clear the arrears of Rs.3,40,000.00 within six months in six equal installments by the NEFT in the Bank of the Appellant/wife, the details of which have been set out in the Consent Terms. In terms of Clause (7) of the Consent Terms, the Appellant/wife is also permitted to withdraw whatever amounts are lying with the Registrar (Judicial)/concerned Registrar of this Court with the interest accrued thereon, if any.

(3.) The Consent Terms have been signed by the Appellant/ wife as well as the Respondent/husband. They both are present in the Court. They have stated before the Court that they have signed the Consent Terms of their own free volition, and after reading and understanding the same as well as the implications thereof. The Consent Terms are also signed by the Advocate for the Appellant and the Advocate for the Respondent.