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2017 Supreme(Bom) 11

A.S.OKA, G.S.KULKARNI
Bharti Bhausaheb Aher – Appellant
Versus
Bhausaheb Kautik Aher – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Amey Deshpande
For the Respondent: Mr.Rajesh Jadhav

JUDGMENT :

(Per G.S.Kulkarni, J)

1. The appellant-wife has preferred this appeal, against the judgment and order dated 20.6.2015 passed by the learned Principal Judge, Family Court at Mumbai. (for short the 'Family Court')

2. By the impugned judgment, the marriage petition of the respondent-husband for divorce is permitted to be converted as a Petition for divorce by mutual consent under section 13B of Hindu Marriage Act, 1955 and has been allowed in terms of the consent terms dated 12.6.2015 (Exhibit 22) as stated to have been arrived between the parties. The operative part of the impugned judgment reads thus:

1. “The converted petition is allowed.

2. The marriage solemnized between the petitioner and the respondent on 21.2.1999 is dissolved by decree of divorce by mutual consent u/s 13B of the Hindu Marriage Act, 1955.

3. Respondent shall comply with consent terms at Exh.22

4. Consent terms at Exh 22 shall form part of the decree.

5. No order as to costs.

6. Decree be drawn accordingly.”

Dated: 20th June 2015

3. In nutshell the facts are :

On 21.2.1999 marriage between the appellant and the respondent was solemnized. On 18.5.2000 a son was born out of the wedlock. After 11 years of marriage,





































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