Vaibhav Ganjapure,TNN | Feb 12, 2014, 01.58 AM IST
NAGPUR: The Nagpur bench of Bombay high court recently donned the role of a counsellor to settle a bitter marital dispute between an Akola-based couple. The HC, while amicably resolving the bitter dispute, observed that the move would end two criminal and one civil litigation between the parties.
A division bench comprising justice Bhushan Gavai and Atul Chandurkar also shelved the mandatory six-month period for filing divorce proceedings, observing that their grievances would remain irreconcilable even after that period. "We find that keeping the case pending before the family court for six months would be an empty formality," the judges said.
Amit and Manisha entered wedlock on January 26, 2011, but their relations soon turned sour and both started living separately. Manisha later filed a police complaint against Amit for offences punishable under Section 498A, 323 and 504 of the IPC alleging harassment, assault and threatening.
Amit filed a counter complaint at Kotwali police station in Amravati against Manisha's mother and brother, alleging cheating. After the FIR was registered, Amit filed a criminal application for quashing proceedings pending before Judicial Magistrate First Class (JMFC).
The judges initially suggested that the couple either arrive at a settlement or end their relationship without resorting to any litigation. However, they noticed that the parties had reached a stage of no return and the relationship between them was irretrievably broken. Even the couple agreed to end the relationship, but there was a dispute on the amount to be paid by Amit to Manisha.
"We counselled the parties in chamber in the presence of their counsels and they agreed that they will end their relationship on the husband paying Rs5 lakh to the wife as full and final settlement for future maintenance and all other dues," the judges noted.
It was also agreed that the wife would not have any other claim against the husband, and the couple would file a petition for divorce by mutual consent before the Amravati family court.
"The parties are personally present and they reiterate that they desire to end the marriage and all the proceedings. We find that this is a fit case where this court, while exercising powers under Section 482 of the Criminal Procedure Code, should give an end to all pending criminal proceedings between them. The decree for dissolution of marriage by mutual consent is passed," the judges ruled while quashing all FIRs lodged by the couple against each other.
(Names changed to protect identity)
http://timesofindia.indiatimes.com/city/nagpur/HC-turns-counsellor-Akola-couple-ends-marriage-amicably/articleshow/30239194.cms
NAGPUR: The Nagpur bench of Bombay high court recently donned the role of a counsellor to settle a bitter marital dispute between an Akola-based couple. The HC, while amicably resolving the bitter dispute, observed that the move would end two criminal and one civil litigation between the parties.
A division bench comprising justice Bhushan Gavai and Atul Chandurkar also shelved the mandatory six-month period for filing divorce proceedings, observing that their grievances would remain irreconcilable even after that period. "We find that keeping the case pending before the family court for six months would be an empty formality," the judges said.
Amit and Manisha entered wedlock on January 26, 2011, but their relations soon turned sour and both started living separately. Manisha later filed a police complaint against Amit for offences punishable under Section 498A, 323 and 504 of the IPC alleging harassment, assault and threatening.
Amit filed a counter complaint at Kotwali police station in Amravati against Manisha's mother and brother, alleging cheating. After the FIR was registered, Amit filed a criminal application for quashing proceedings pending before Judicial Magistrate First Class (JMFC).
The judges initially suggested that the couple either arrive at a settlement or end their relationship without resorting to any litigation. However, they noticed that the parties had reached a stage of no return and the relationship between them was irretrievably broken. Even the couple agreed to end the relationship, but there was a dispute on the amount to be paid by Amit to Manisha.
"We counselled the parties in chamber in the presence of their counsels and they agreed that they will end their relationship on the husband paying Rs5 lakh to the wife as full and final settlement for future maintenance and all other dues," the judges noted.
It was also agreed that the wife would not have any other claim against the husband, and the couple would file a petition for divorce by mutual consent before the Amravati family court.
"The parties are personally present and they reiterate that they desire to end the marriage and all the proceedings. We find that this is a fit case where this court, while exercising powers under Section 482 of the Criminal Procedure Code, should give an end to all pending criminal proceedings between them. The decree for dissolution of marriage by mutual consent is passed," the judges ruled while quashing all FIRs lodged by the couple against each other.
(Names changed to protect identity)
http://timesofindia.indiatimes.com/city/nagpur/HC-turns-counsellor-Akola-couple-ends-marriage-amicably/articleshow/30239194.cms
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