SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Mr. Vishal Rajendra Lodha vs Mrs. Richa Vhishal Lodha on 7 March, 2019

14211.18-fcast.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

FAMILY COURT APPEAL (ST) NO.14211/2018
WITH
CIVIL APPLICATION NO.148/2018

Vishal Rajendra Lodha … Appellant

V/s.

Richa Vishal Lodha … Respondent

Mr. Vishal Rajendra Lodha, Appellant in persona
Mr. Hitesh P. Vyas for the Respondent

CORAM: K.K. TATED
B. P. COLABAWALLA,JJ

DATED : MARCH 7, 2019

P.C. :

1 This Family Court Appeal has been filed by the Appellant –

husband challenging the common judgment passed by the Family

Court – II, Pune at Pune dated 3rd February 2018.

2 By the impugned judgment, the petition for divorce filed by

the Respondent – wife was decreed and the marriage between the

Appellant and the Respondent was dissolved by a decree of

divorce u/s.13(1)(ia) of the Hindu Marriage Act, 1955. Apart

from this, the impugned judgment also directed the Appellant –

Basavraj G. Patil 1/10

::: Uploaded on – 11/03/2019 14/03/2019 06:30:49 :::
14211.18-fcast.doc

husband to return the Stridhan mentioned in paragraph 14 of the

divorce petition to the Respondent – wife within 30 days from the

date of the impugned judgment. Over and above this, a direction

was also passed, that the pen drive containing nude photographs

of the Respondent wife be destroyed after the appeal period is

over. The petition filed by the appellant – husband (Petition

No.PA-498 of 2013) for restoration of conjugal rights was

dismissed.

3 Aggrieved by this judgment, the Appellant has approached

this court. We must mention here that after the filing of the

above Appeal, several orders were passed recording that the

parties were trying to negotiate a settlement.

4 Today, when the matter was called out, the Appellant is

appearing in-person. The Respondent is represented by an

Advocate. Consent Terms dated 7th March 2019 are tendered

before us that are signed by the Appellant as well as the

Respondent and the advocate for the Respondent. These have

been signed after much deliberations and discussions between

the parties as well as the Court. In fact these deliberations have

been taken place for almost one and a half hours. Be that as it

Basavraj G. Patil 2/10

::: Uploaded on – 11/03/2019 14/03/2019 06:30:49 :::
14211.18-fcast.doc

may, we are pleased to note that the parties have signed the

Consent Terms, under which the parties have agreed that the

marriage between the Appellant and the Respondent dated 6 th

July 2011 stands dissolved by a decree of divorce by mutual

consent u/s.13(B) of the Hindu Marriage Act, 1955. This divorce

by mutual consent is subject to the terms and conditions, as more

particularly set out in clauses 1(a) to 1(l) of the Consent Terms.

5 At the time of signing the Consent Terms, there was an

apprehension on the part of the Appellant that in the event, the

decree for divorce is passed today as per the Consent Terms and

the Respondent, in the meanwhile get re-married before the

quashing of the criminal proceedings (as provided in clause 1(d)

1(d-1) of Consent Terms), serious prejudice would be caused to

the Appellant. To obviate this apprehension, Mr. Vyas, the

learned advocate for the Respondent, on instructions, has stated

that the Respondent undertakes that she shall not re-marry till

the Allahabad High Court quashes the criminal proceedings

against the Appellant or till 7th June 2019 whichever is earlier.

The statement is accepted as an undertaking to this court.

Basavraj G. Patil 3/10

::: Uploaded on – 11/03/2019 14/03/2019 06:30:49 :::
14211.18-fcast.doc

6 It is clarified that in terms of clause 1(d) and 1(d-1) of the

Consent Terms, the Appellant shall approach the Allahabad High

Court for having his Writ Petition (for quashing of the criminal

proceedings filed against him) to be placed on board. Once the

date is notified, the same shall be intimated to the Respondent at

least 7 days prior thereto to ensure that the Respondent remains

present and consents to the quashing of the criminal

proceedings. In any event, liberty is also granted to the

Respondent to make an Application to the Allahabad High Court

for taking up the Writ Petition for the purpose of quashing the

criminal case filed against the Appellant. It is made clear that,

under any circumstances, the entire process of quashing the

criminal proceedings should be done on/or before 7th June 2019.

7 The next apprehension of the Appellant was that the

Consent Terms provide that the parties agree and undertake not

to file or lodge any civil or criminal complaints/suits/petitions

against each other in future arising from their matrimony. The

Appellant suggested that apart from the parties, even the family

members of the respective parties be included in clause 1(i).

Mr.Vyas, the learned advocate for the Respondent, on

instructions of the Respondent, states that the Respondent has

Basavraj G. Patil 4/10

::: Uploaded on – 11/03/2019 14/03/2019 06:30:49 :::
14211.18-fcast.doc

no objection, even if the family members are included within the

purview of clause 1(i) of the Consent Terms so as to ensure that

neither the parties nor their family members would institute any

civil or criminal proceedings against each other in future and

arising out of their matrimony. It is, accordingly, so ordered.

8 The Appellant has also requested that these Consent Terms,

once executed, be treated as irrevocable and absolute in nature

unless there is a willful breach of the Consent Terms mentioned

therein by either party. Mr. Vyas has stated that the Respondent

has no objection if these Consent Terms are treated as

irrevocable and absolute in nature unless there is any breach of

any of the terms and conditions of the Consent Terms by either

party. It is, accordingly, so ordered.

9 The last apprehension raised by the Appellant was that in

clause 1(g) of the Consent Terms, the Appellant has undertaken

to destroy the nude photographs as well as mobile phones and

pen drive and any other digital mode of storage on which

photographs, documents etc. are stored. The Appellant submits

that even the Respondent ought to be directed to destroy these

photographs, if any, in her possession. Once again Mr. Vyas, on

Basavraj G. Patil 5/10

::: Uploaded on – 11/03/2019 14/03/2019 06:30:49 :::
14211.18-fcast.doc

taking instructions from the Respondent, has stated that if any

such photographs are in her possession, same shall also be

destroyed by the Respondent. This statement is also accepted as

an undertaking to this court. It is clarified that the mobile

phones, CDs, pen drives etc given in the custody of the Trial

Court shall also be destroyed by the Trial Court on the signing of

these Consent Terms.

10 Both the parties have signed these Consent Terms before us

and have acknowledged that they have read and understood the

terms of the Consent Terms and that they have been entered into

with their free will and consent. The Consent Terms are taken on

record and marked “X” for identification. The undertakings

given in the Consent Terms are accepted. There shall be decree

of divorce by mutual consent u/s.13(B) of the Hindu Marriage

Act, 1955 in terms of the Consent Terms and in addition to what

we have stated earlier in this order. The Consent Terms taken on

record read thus:

CONSENT TERMS

The Petitioner and the Respondent abovenamed have
settled all the disputes relating to their matrimony as
follows:

1 That the parties herein, during the pendency of

Basavraj G. Patil 6/10

::: Uploaded on – 11/03/2019 14/03/2019 06:30:49 :::
14211.18-fcast.doc

the present appeal have decided to amicably
settle the matrimonial dispute between them by
seeking divorce by mutual consent on following
terms and conditions –

a That the marriage between the Appellant and the
Respondent dated 6th July, 2011, shall stand
dissolved by a decree of divorce by mutual
consent on the signing of this consent terms.

b That the Respondent agrees not to claim any
permanent maintenance or alimony from the
Appellant in future. That thus, the Respondent
waived her right to claim maintenance or
alimony from the Appellant.

c That the Respondent agrees and undertakes not
to claim her Streedhan, in future, as decreed by
the Hon’ble Family Court, Pune, vide its
Judgment and Decree dated 3rd February, 2018.

d That the Respondent had lodged a criminal
complaint against the Appellant and his family
members under sections 420, 406, 504, 506 of
Indian Penal Code, 1860, and section 3 and 4 of
Dowry Prohibition Act. That the Respondent
agrees and undertakes to remain present and
give her consent for quashing of the proceedings
of criminal case no. 11009 of 2014 in Writ
Petition, bearing No.33899/2015, filed by the
Appellant pending before the Hon’ble High Court,
Allahabad, on passing of the order of the divorce
by mutual consent by this Hon`ble Court

(d) (1) .In the event the Respondent does not
appear before the Allahabad High Court, for
quashing of the proceedings of criminal case no.
11009 of 2014 in Writ Petition, bearing
No.33899/2015, filed by the Appellant pending
before the Hon’ble High Court, Allahabad, then
the Appellant will have liberty to file Application
for recall of this present Consent terms.

Basavraj G. Patil 7/10

::: Uploaded on – 11/03/2019 14/03/2019 06:30:49 :::
14211.18-fcast.doc

e That the Respondent agrees that the application
filed by her before the Hon’ble Family Court,
Pune, bearing Civil M.A. No.62/2018, against the
Appellant herein shall stand disposed on the
order of the mutual consent divorce by this
Hon`ble Court.

f That the Respondent agrees that the execution
application filed by her before the Hon’ble Family
Court, Pune, bearing Dkt. No.65/2018, against
the Appellant herein shall stand disposed on the
order of the mutual consent divorce by this
Hon’ble Court.

g That the Appellant agrees that the pen drive
containing the nude photographs of the
Respondent be destroyedas decreed by the
Hon’ble Family Court, Pune, vide its Judgment
and Decree dated 3rd February, 2018.That the
Appellant and respondent further undertakes to
destroy the mobile, CDs, the pen drives and/ or
any other form of digital media storage on which
copies of said photographs of Respondents are
stored or copied, thereof containing the alleged
photographs of the Respondent herein.

h That the parties hereunto have exchanged their
respective articles and belongings with each
other. That neither party shall claim any right in
each others’ moveable as well as immoveable
properties in future. That the Respondent herein
shall not claim any Streedhan against the
Appellant in future.

i That the parties agrees and undertakes unto
each other that neither of them will file or lodge
any Civil or Criminal complaint/suit/petition
against each other in future, arising out of their
matrimony.

j That the parties agrees and undertakes not to
interfere in each other’s personal as well as
professional life in future.

 Basavraj G. Patil                                                                8/10

::: Uploaded on - 11/03/2019 14/03/2019 06:30:49 :::
14211.18-fcast.doc

k That the parties hereunto have unconditionally
and unequivocally withdrawn the allegations
made against each other in all the present and
past litigations between them.

l Both the parties agree and confirm that, in the
above terms this Hon`ble Court be pleased to
pass Decree of dissolution of marriage u/s 13 B of
Hindu Marriage act.

In the witness above composition both parties signed
this Consent Terms on 13th day of August 2018 and
present to the court for disposal of the pending
proceedings between them.

11 In view of these Consent Terms and what is stated by us

hereinabove, the decree of divorce by mutual consent is hereby

granted u/s.13(B) of the Hindu Marriage Act, 1955. Accordingly,

the impugned order is substituted by the Consent Terms read

along with this order.

12 In view of the Consent Terms already executed between the

parties and the decree of divorce being granted pursuant thereto,

nothing survives in the Civil Application and same is disposed of

accordingly.

13 It is clarified that the Family Court Appeal is kept on 14th

June 2019 under the caption "for compliance" to ensure that the

Writ Petition filed for quashing of the criminal proceedings in the

Basavraj G. Patil 9/10

::: Uploaded on - 11/03/2019 14/03/2019 06:30:49 :::
14211.18-fcast.doc

Allahabad High Court is allowed, as recorded in the Consent

Terms.

14 Place this appeal on board on 14th June 2019 at 2.45 pm. in

Chamber, for compliance.

(B. P. COLABAWALLA,J) (K. K. TATED, J)

Basavraj G. Patil 10/10

::: Uploaded on - 11/03/2019 14/03/2019 06:30:49 :::

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation