Facts of the Case:
The petitioner Mrs Rashmi Luthra(Petitioner) lawfully married Mr Rahul Luthra as per the Special Marriage Act, 1954 on 16th November,2005 which has been registered by the Registrar of Mumbai (Marriage Certificate).The Marriage has also been performed as per the Hindu rites and ceremonies on 23rd Nov,2005.The expenses for the marriage ceremonies were borne by the petitioners father(Bill of the expenses) The Reception of the marriage was held on 24th Nov 2005,and the expenses of the marriage reception was equally paid by both the parties as per the understanding . The total expenses for the marriage spent by the petitioners father is approximately Rs 10 lacs. On 27thNov, 2006 a daughter was born out of the wedlock, named Tiessha in Indore who is in the care and custody of Rashmi Luthra
The petitioner filed a suit for Divorce u/s 13(1)(ia) of The Hindu Marriage Act,1954.in the Family Court At Bandra, Mumbai Petition No A-2441 Of 2007 dated 2oth Nov along with an interim application claiming maintenance of Rs 30,000 /month for the minor child and the petitioner and also the Respondent pay a deposit of Rs1 crore in the minor’s daughters name.(Bills with respect to the expenses incurred by the Petitioners parents for the minor child have been produced).
CONSENT TERMS: During the pendency of the said petition It has been mutually decided between the petitioner and the Respondent Vide Consent Terms dated 9th May,2008 that Divorce by Mutual Consent be filed in the Hon’ble Family Court. The petitioner and the respondent are staying separately from 24thApril 2007 onwards and the petitioner have stated that the marriage has irretrievably broken down and hence have mutually agreed to divorce .In the consent terms it was agreed that the custody of the daughter is with the petitioner mother and will continue to remain with the mother .The respondent father shall avail access once a month at