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Shri Shirish S/O Haribhau … vs Sau. Janki @ Rajshri Shirish … on 11 September, 2019

32FCA 2.19 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.

FAMILY COURT APPEAL (FCA) NO. 2 OF 2019.
(Shri Shirish s/o Haribhau Buradkar, Nagpur Vs. Sau. Janki @ Rajshri Shirish Buradkar,
Nagpur.)
__
Office Notes, Office Memoranda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Shri R.H.Rawlani and Shri A.R.Rawlani, Advocates for the
appellant.
Shri A.M.Gedam, Advocate for respondent.

CORAM : P.N. DESHMUKH
PUSHPA V. GANEDIWALA, JJ.

SEPTEMBER 11, 2019.

Today, both the parties are present in-
person along with their Advocates before the Court.
They submit that they have settled the matter out of
Court and pray for decree of nullity of marriage on
the ground of non-consummation of marriage. They
have filed terms of settlement on record which is
marked as “X” for identification.

The respondent is agreed to receive
Rs.4,00,000/- (Rs. Four lakhs only) from the
appellant in lieu of maintenance amount towards full
and final settlement.

The appellant has paid the aforesaid
amount vide Cheque Nos. 146053 dated 13/09/2019
and 146054 dated 20/09/2019 worth Rs.3,50,000
(Rs. Three lakhs fifty thousand only) and Rs.50,000/-
(Rs. Fifty thousand only) respectively to the

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32FCA 2.19 2

respondent.

The respondent is agreed to withdraw the
recovery proceedings under Section 125(3) of the
Code of Criminal Procedure pending on the file of
Family Court No.3, Nagpur bearing E.R. No.
232/2018. Also, the respondent is agreed to
withdraw Appeal No. 38/2018 filed against the
appellant for the offence under Section 498A of the
Indian Penal Code, bearing Crime No.132/2015,
registered at Police Station, Koradi.

The appellant is agreed to withdraw the
Criminal Case for the offence punishable under
Section 420 read with Section 34 of the Indian Penal
Code, bearing Crime No. 25/16, registered at Police
Station, Mankapur, District Nagpur. Also, the
appellant is agreed to withdraw Criminal Revision
No. 125/2018 pending before this High Court. The
appellant is also agreed to return “stree-dhan” i.e.
one Almirah to the respondent.

Looking to the amicable settlement arrived
at between the parties, we are inclined to allow the
appeal and the same is accordingly allowed and
disposed of. The impugned judgment and decree
dated 09/05/2018 passed by the learned Judge,
Family Court No.3, Nagpur is hereby set-aside. It is
declared that marriage dated 15/03/2015 between
the parties stands annulled. The decree of nullity of
marriage for non-consummation of marriage be

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32FCA 2.19 3

drawn accordingly, in the above terms.

JUDGE JUDGE

Sumit

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