Bombay High Court
Shri. Kamlakar Gangaram Naik vs Smt- Asha Kamlakar Naik on 19 August, 2019
Author: R. G. Ketkar
Bench: R. G. Ketkar
1 9.SA.655-18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Second Appeal NO. 655 OF 2018
Shri. Kamlakar Gangaram Naik ...Appellant
Versus
Smt. Asha Kamlakar Naik ...Respondent
....
Mr. V.K. Rathod, Advocate for the Appellant.
Ms. Sangita Kalsekar i/b. Ms.Pallavi N. Dabholkar, Advocate for the
Respondent.
Mr.Kamlakar G. Naik, the appellant is present in person.
....
CORAM : R. G. KETKAR, J.
DATE : 19th AUGUST, 2019 P.C.
1. Heard Mr.V.K. Rathod, learned counsel for the appellants and Ms.Sangita Kalsekar, learned counsel for the respondent.
2. This appeal takes exception to the judgment and decree dated 20.7.2012 passed by the learned Civil Judge, Senior Division, Vasai in Marriage Petition No.122/2007 as also the the judgment and decree dated 3.8.2018 passed by the learned District Judge-1, Vasai in Regular Civil Appeal No.20/2012. By these orders, the Courts below dismissed the appellant's petition filed under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955.
3. By order dated 2.8.2019 the appeal was adjourned till 1/2 ::: Uploaded on - 20/08/2019 ::: Downloaded on - 20/08/2019 23:37:28 ::: 2 9.SA.655-18 today on the ground that the parties are exploring the possibility of amicable settlement. Mr. Rathod states that the appellant is present in the Court today. Upon taking instructions from him, he states that the appellant is ready and willing to pay Rs.2 Lakhs towards full and final settlement of all the claims of the respondent subject to her showing readiness and willingness to give divorce to the appellant.
4. Ms. Kalsekar, on the other hand, submits that the offer made by the appellant is wholly illusory. She submitted that out of the wedlock of the appellant and the respondent, one daughter is born who is aged about 26 years old and is of marriageable age. The appellant retired as a Controller in Maharashtra State Road Transport Corporation. Mr. Rathod, on instructions, submits that the last drawn salary of the appellant was Rs.50,000/- and he retired on 30.6.2019.
5. As the offer made by the appellant is not acceptable to the respondent, it is clear that the settlement is not possible and the parties will have to proceed with the matter on merits. At the request of the respondent, stand over to 16.9.2019.
(R. G. KETKAR, J.) Deshmane (PS) 2/2 ::: Uploaded on - 20/08/2019 ::: Downloaded on - 20/08/2019 23:37:28 :::