1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL(ST) NO.15046 OF 2005 FAMILY COURT APPEAL(ST) NO.15046 OF 2005 FAMILY COURT APPEAL(ST) NO.15046 OF 2005 WITH WITH WITH CIVIL APPLICATION NO.112 OF 2005 CIVIL APPLICATION NO.112 OF 2005 CIVIL APPLICATION NO.112 OF 2005 Dr.Sandhya Deepak Raskar ..Appellant Vs. Dr. Deepak Arjunrao Raskar ..Respondent ----- Ms.Seema Sarnaik for Appellant Ms. Kokila Karla for Smt. Manjula Rao for Respondent CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 20TH SEPTEMBER, 2005 DATED: 20TH SEPTEMBER, 2005 DATED: 20TH SEPTEMBER, 2005 P.C. P.C. P.C. 1. Heard both the Counsel. Delay in this Appeal 1. Heard both the Counsel. Delay in this Appeal 1. Heard both the Counsel. Delay in this Appeal has already been condoned. The Office to therefore has already been condoned. The Office to therefore has already been condoned. The Office to therefore number this Appeal as a Regular Family Court Appeal. number this Appeal as a Regular Family Court Appeal. number this Appeal as a Regular Family Court Appeal. 2. Parties have signed consent terms in this 2. Parties have signed consent terms in this 2. Parties have signed consent terms in this matter on 23rd August 2005. Both parties understand matter on 23rd August 2005. Both parties understand matter on 23rd August 2005. Both parties understand English. Parties as well as their Advocates have English. Parties as well as their Advocates have English. Parties as well as their Advocates have signed Consent Terms and tendered them on 23rd August signed Consent Terms and tendered them on 23rd August signed Consent Terms and tendered them on 23rd August 2005. The order in terms thereof was deferred to 2005. The order in terms thereof was deferred to 2005. The order in terms thereof was deferred to facilitate the Respondent to arrange the payment of facilitate the Respondent to arrange the payment of facilitate the Respondent to arrange the payment of Rs.1,10,000/-. The Respondent has brought the Demand Rs.1,10,000/-. The Respondent has brought the Demand Rs.1,10,000/-. The Respondent has brought the Demand Draft of Rs.1,10,000/-. Draft of Rs.1,10,000/-. Draft of Rs.1,10,000/-. 3. In the meanwhile after the matter was 3. In the meanwhile after the matter was 3. In the meanwhile after the matter was adjourned on 23rd August, 2005 the Appellant took out adjourned on 23rd August, 2005 the Appellant took out adjourned on 23rd August, 2005 the Appellant took out a separate Civil Application No.198 of 2005 to recall a separate Civil Application No.198 of 2005 to recall a separate Civil Application No.198 of 2005 to recall 2 the order passed on 23rd August, 2005 as also to the order passed on 23rd August, 2005 as also to the order passed on 23rd August, 2005 as also to cancel the Consent Terms signed on that date. We have cancel the Consent Terms signed on that date. We have cancel the Consent Terms signed on that date. We have rejected that Civil Application by passing a separate rejected that Civil Application by passing a separate rejected that Civil Application by passing a separate order. order. order. 4. In view of what is stated above there will be 4. In view of what is stated above there will be 4. In view of what is stated above there will be an order in terms of these Consent Terms in the Family an order in terms of these Consent Terms in the Family an order in terms of these Consent Terms in the Family Court Appeal as well as Civil Application No.112 of Court Appeal as well as Civil Application No.112 of Court Appeal as well as Civil Application No.112 of 2005. The Appeal and the Civil Application, both will 2005. The Appeal and the Civil Application, both will 2005. The Appeal and the Civil Application, both will stand disposed of in terms of the consent terms signed stand disposed of in terms of the consent terms signed stand disposed of in terms of the consent terms signed by the parties on 23rd August, 2005. Ms. Karla has by the parties on 23rd August, 2005. Ms. Karla has by the parties on 23rd August, 2005. Ms. Karla has tendered a Demand Draft to the Respondent/wife who is tendered a Demand Draft to the Respondent/wife who is tendered a Demand Draft to the Respondent/wife who is present in Court and she has received it though under present in Court and she has received it though under present in Court and she has received it though under protest. protest. protest. 5. The decree of divorce granted by the Family 5. The decree of divorce granted by the Family 5. The decree of divorce granted by the Family Court on 21st December 2004 in Petition No.A.883 of Court on 21st December 2004 in Petition No.A.883 of Court on 21st December 2004 in Petition No.A.883 of 2003 stands confirmed. The F.C.A.(St.)No.10546 of 2003 stands confirmed. The F.C.A.(St.)No.10546 of 2003 stands confirmed. The F.C.A.(St.)No.10546 of 2005 filed by Respondent wife stands withdrawn by 2005 filed by Respondent wife stands withdrawn by 2005 filed by Respondent wife stands withdrawn by these Consent Terms. these Consent Terms. these Consent Terms. 6. The Appeal and the Civil Application therein 6. The Appeal and the Civil Application therein 6. The Appeal and the Civil Application therein stand disposed of as above. stand disposed of as above. stand disposed of as above. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)