IN THE FAMILY COURT OF MUMBAI AT BANDRA

PETITION NO. 102861/2017

MRS. PALLABI SARKAR …Petitioner

Vs.

MR. SUBHADEEP SARKAR … Respondent

APPLICATION FOR AMENDMENT IN CONSENT TERMS:

MAY IT PLEASE YOUR HONOUR: -

It is most respectfully and humbly by the Respondent as under -

1. The Respondent is seeking urgent relief in the aforesaid case

and seeking for amendment in the Consent Terms.
2. This application is for Amendment for consent terms that was
submitted on 17th of February 2021.
3. The Respondent seeks relief for amending the consent terms of
17th of February 2021 as Petitioner is not complying or
selectively complying for her advantage to critical terms
regarding Child Welfare, Access and Sell of joint property and
meanwhile also filed Police complaint against Respondent.
4. The Respondent seeks relief for amending the consent terms of
17th of February 2021 in para no 4, para no 6, para no 7, para
14, para 15, para 18, para no 29, para no 36 and few more
related and connected terms as follows:
a. It is agreed in point 4 and declared by both the parties that
custody of the minor child shall remain with mother, the
petitioner and not with her mother or brother but Child is
with Petitioner’s mother and brother for 10 hours a day
while Petitioner is away at office and they empoison the
daughter against the respondent who is her father.
Petitioner’s mother doesn’t serve right food on time to child
and also doesn’t allows her to speak to Respondent in case
Petitioner is at office. She filed a police complaint against
respondent on 2nd jan 2022 for waiting outside Child’s
residence as per Court order dated 19th June 2019. It is also
shared by the child to Respondent that, few gifts that
Respondent gives to Child suddenly disappears from house.
Due to unhealthy food and unhealthy family environment,
child has become Obese, weighing approx. 40kg+ at age of
9 which is outcome of severe depression. Child is also
shaky and shy to mix with other Kids as well very insecured
in her behaviour and action publicly. Respondent therefore
seeks immediate Physical and mental health examination of
the child and take corrective actions if required.
b. It is agreed in point 5 and declared that the Petitioner and
the Respondent are both responsible for the upkeep and the
welfare of the minor daughter. Respondent has time and
again shared with Petitioner that Child is losing bonding
and emotion with Respondent but it was never
acknowledged and was avoided and even the respondent
has also requested for a psychological test of the daughter
 but the same was denied by the petitioner. Petitioner never
discusses anything with Respondent about Child welfare
outside Sunday meeting time of 2 hours and give a comfort
feeling to child about joint Parenting other than asking for
her Dues.
c. It is agreed in point 6 between the parties that Respondent
shall avail access with full Covid precautions and safety
measures from 11.30 am to 1.30 pm at mutually agreed
location on every Sunday. Respondent would like to submit
that Petitioner stays at Vapi, which is 180km from Mumbai
and it takes 8 hours by road for return trip to Vapi and for
last 11 months, every Sunday he was forced to visit Vapi to
meet Child and sometime the time given was 1 hour. All
request from Respondent to meet up mid-way or bring the
child to Mumbai was denied by Petitioner and in case
Respondent was unable to travel to Vapi, the same time of
2 hours per week was also not allocated through virtual
modes. The Sunday Zoom call also happened but for max
of 30 mins due to excuse of dinner time/Homework etc. The
Respondent would like to place a request to meet his
daughter for 2 Sundays in Mumbai and for other 2 Sundays
access for the meetup can be kept at Vapi and also ensure
total 2 hours per week is available with Child, physically or
virtually, to create and rebuild the lost bond.
d. It is agreed in point 7 that Respondent clears the arrears of
maintenance amount of 2 lacs by 1st March, 2021, Alimony
on or before 17th May 2021 and the sale of the flat to the
Petitioner is completed on or before May, 2021.
Respondent got buyer, named Sachin, at 1.3cr in Feb 2021
introduced to Petitioner and all terms was handled by
Petitioner with Buyer and based on that deal proceeding,
Respondent left the property and moved to rented apt along
with his parents in April 2021 with a rent of 35k pm but
Petitioner backed out of the deal in May unilaterally and
after that didn’t pay any EMI for empty property while
Respondent is staying paying rent. As Respondent couldn’t
get any money from flat sell and couldn’t pay Petitioner for
no fault of his but Petitioner stopped executing Point 8 for
Access while was supposed to start from May 2021.
Respondent is grieving that Petitioner is intentionally
blocking his due from flat sell by rejecting buyers while
asking for her due. Respondent has done best from his end
and has spent Rs 6000 to register in Magicbricks and
99acres website to find suitable buyer in December 2021.
After few buyers visited the flat organized and arranged by
Respondent, one Buyer Mr Shubham Maskar from Thane
principally agreed to buy at 1.28cr and broker Mr
Bhupendra Saini was involved in the deal. Respondent
proposed to Petitioner for her consent and ask to adjust 4.5L
towards EMI and Society maintenance charges that
respondent have to share extra now while clearing House
loan after leaving the flat as Petitioner rejected final deal in
April 2021, Petitioner again asked for Due and
 ignored/stopped discussion to solve the house sell matter
mutually that is causing huge financial loss to Respondent.
e. It is agreed in Point 8 between the parties that Respondent
shall avail day access total (15) fifteen days during vacation,
he shall avail (10) ten days during summer vacation access
before school reopen for next session. He shall avail two
days during Diwali vacation before school reopens and he
shall also avail access of (03) three days during winter
vacation before school reopens. During the vacation time
the Respondent shall not avail regular access as vacation
access will be applicable. The day access during vacation
time will be till the minor daughter attains the age of 10
years, the access timing shall be between 11:00am to
7:00pm. This to be co-ordinated with the Petitioner as it is
her working day. The Petitioner shall drop the minor
daughter and pick up the minor daughter from mutually
agreed location. Upon the minor daughter attains the age of
10 years the Respondent shall avail the vacation access shall
continue as mentioned above (10) ten days of summer
vacation access before school reopen for next session, (02)
two days during Diwali before school reopens and (03) days
during winter vacation before school reopens including
Night stay with consent and at the comfort of the child. In
the event the Respondent takes her outside of her current
location, he shall provide all the details to the Petitioner.
During the above access period, if the minor daughter
wishes to speak to the Petitioner the Respondent shall not
 object to the same. The Respondent has to ensure that the
child’s Paternal Grandmother is with the child all the time
to help her with any personal needs during the visitation.
The Respondent shall inform in (02) two weeks advance
through email, if he is not availing the vacation access. All
these Access was denied by the Petitioner from May 2021
with the excuse that she didn’t get her money while the
House sell deal with Sachin was denied by Petitioner for
some unknown reason and to deprive the respondent for his
financial gain from House sell.
f. It is agreed between the parties that the Petitioner shall share
important school related information with Respondent from
time to time. The Respondent shall proactively participate
in helping the minor daughter in completing her studies
during his access time. As petitioner always forces
respondent to meet the child at shopping mall or restaurant
at Vapi, he is not able to help his Child with the studies.
Petitioner only shares School starting dates and exam dates
with Respondent but never introduced him to her study,
routine and school work. Respondent proactively tries to
create some educational content for Child and teaches on
Sunday with no help or support or feedback from Petitioner
and in some Sundays, that time was cut down to 15 mins
with excuse of Dinner, Homework and others. Petitioner
intentionally kept the Zoom time at 8pm on Sunday so that
not much time is available to Child to interact with
Respondent and its very close to bed time for next school
 day. Respondent asked Petitioner many times to have small
Zoom access calls during the week but all was ignored and
rejected that has taken the child away from Respondent.
g. It is agreed in point 29 between the parties that the
Respondent shall clear the abovementioned dues and loan
towards the Flat situated at Dazzle 402, Mahavir Classik,
Opp. L&T Gate No. 5, Saki-Vihar Road, Powai – 400072
till the date of Sale of the said Property. It is further agreed
that the Petitioner and the Respondent both will look for a
buyer, they shall finalise whoever gets the highest bidder.
The buyer shall pay the Sale amount equally to the
Petitioner and the Respondent. Initial money will be 50%
from buyer to both Petitioner and Respondent. The
Brokerage, not to exceed 1% of the deal amount as per
standard brokerage, will be shared equally on formal
receipt. No other charges are to be imposed on the
Petitioner. This deal pertains to the Flat plus the Garage
space of above-mentioned property that is currently co-
owned by the Petitioner and Respondent. The Petitioner is
not claiming any of her personal belongings which are in
the matrimonial home. As Petitioner rejected the Offer from
Sachin on her own and Respondent informed Petitioner of
leaving the House and paying rent and also flat price also
going down due to Lockdown, the above term needs to be
mutually agreed upon
h. It is agreed and declared in point 36 that both the parties
shall not file any proceedings against each other and/or their
respective family members directly and/or indirectly, either
civil or criminal, regarding the subject matter of this petition
and/or the marital disputes between them in view of the
amicable settlement. it was clearly agreed that no further
police complaint / criminal proceedings but Petitioner, her
mother and brother filed Police complaint in Vapi PS on 2nd
January 2022 while the Respondent was waiting outside
Petitioner’s House from 3:30pm to 6:30pm as per earlier
Court Order passed on 19th June 2019 as petitioner stopped
communicating over email from 1st January 2022 and
blocked Respondent from all the sources of
communication. Then the Respondent was then called to
Vapi PS on 9th January 2022 for statement and the
Respondent was harassed by the police. Though the
Respondent met Petitioner in Police station in Vapi on 9th
January 2022 and asked to meet the Child, Petitioner denied
access and stopped all communication over email or phone
or through messages. Respondent waited outside
Petitioner’s residence from 3:30pm to 5:30pm on 9th
January 2022 and without any response from Petitioner,
came back to Mumbai and had spent almost 10 hrs going to
Vapi, meeting police and waiting outside Petitioner’s
residence but without even seeing the Child. Later on,
Petitioner informed that Child joined Zoom call at 8pm but
it was not possible to attend as Respondent was driving back
to Mumbai at night but the same time wasn’t adjusted on
 next week and access was again given on next Sunday i.e
16th jan 2022.
i. It is also agreed in Point 15 that Respondent would have
proper Access on Child’s Birthday and also be able to
interact with Respondent on Father’s Day while none of
them was complied from Petitioner’s side. Respondent
further states that on his Child’s Birthday which was on 29th
November 2021, Respondent celebrated her Birthday on
28th Nov at Vapi again not in Mumbai. He had to travel with
all his family members and arrange Birthday party in Vapi
and also asked Petitioner to have a Zoom call on actual
Birthday i.e. 29th Nov, Monday to wish daughter which was
not responded and allowed by Petitioner. Same way on
Father’s Day, Child wasn’t allowed to talk to Respondent
with the excuse that Alimony wasn’t paid to Petitioner with
no fault of respondent as House sell deal was cancelled by
Petitioner.
5. The Respondent seeks relief for amending the consent terms
filed on 17th of February 2021 as petitioner is not complying,
using the terms to her advantage to unsure lesser Access and
bonding with Child and harassing Respondent in Vapi at her
native place and therefore, Respondent seeks the terms and
conditions of Consent term should be revised to ensure
wellbeing of Child in this critical part of her Childhood.
Date:

Place:

Advocate For Respondent

 IN THE FAMILY COURT AT
BANDRA, MUMBAI
PETITION NO. A- 102867 OF 20__

Mrs. Pallabi Sarkar ...Petitioner

Vs
Mr. Subhadeep Sarkar ...Respondent

Application For Amendment

in Consent Terms

Dated this day of, 2022

Sonal Hemant Mishal

Adv. for Respondent,

Office no. 1, Basement Shoppers
Point, next to Moti Mahal hotel,
S.V road, opp. Andheri railway
Station, Andheri west,
Mumbai 400099.
Adv Code: MAH/ 3566/2006
Email:sonalmishal5@gmail.com
MOB: 9969849102/9820846067