Kilachands settle out of court, part ways
Bindu will get one-time alimony of undisclosed amount, plans to go back to Delhi.
After over a year of fighting — eight months of which took place in full public glare — owner of Burgs chain of restaurants, Sanjay Kilachand and his wife Bindu, have arrived at a settlement, following which they may probably never cross each other’s paths.
Once all the formalities are completed, while Sanjay intends to continue to remain in Dubai, Bindu has decided to go back to her place of origin, which is Delhi. She had come to Mumbai with a pet dog after her marriage with Sanjay in April 2012. The pet would also shift back with her.
According to the terms mentioned in the settlement, Bindu, after having received one-time alimony of an undisclosed amount, has voluntarily moved out of the matrimonial house at Carmichael Road. The couple have also filed a ‘mutual consent’ divorce petition before the family court and sought waiver of the six month cooling off period citing failure of every possible attempt to resolve their differences.
“In view of their failed marriage, the petitioners have already endured immense social stigma and if divorce is not granted at the earliest, the petitioners would suffer exceptional hardship,” reads the family court petition.
The settlement terms begin by saying that the couple has been living separately since March last year due to “irretrievable breakdown of marriage, unbridgeable differences and diverse temperaments,” after which Sanjay shifted to Dubai in July last year.
The settlement talks began last year, where Bindu was represented by advocate Zulfiquar Memon of MZM Legal and Sanjay by advocate Gautam Tiwari, a partner at Probus Legal, along with Rushail Navani.
This document will now be tendered before the Sessions Court where Krishnaraj has filed an anticipatory bail application and Girgaum Metropolitan Court where Bindu has filed an application under the Domestic Violence Act. She has an injunction order in her favour from the Bombay High Court in these proceedings for the matrimonial house. All these proceedings will be withdrawn by respective sides.
The settlement also says that the one-time alimony amount accepted by Bindu would include all her claims – streedhan, jewellery and any other articles. Her expensive painting too has been handed over to her. She, in her complaint to the police last year, had mentioned that when Sanjay was going through a rough patch, she had become a co-borrower of a loan amounting to Rs 3.60 crore which he had taken for business purposes. Her name has now been removed as a co-borrower from this loan account and she won’t be liable for any issues in the loan, the outstanding amount for which now stands at Rs. 3.23 crore.
Her name has been removed from Additional Directorship of three companies — Foods Plus Pvt Ltd, Parmatma Investments Pvt Ltd and Jones Grocer Pvt Ltd. Her name was earlier removed from Tyson Consultants Pvt Ltd. She would be indemnified – certified for no liability – on account of these companies. Her name has also been removed as joint operator/signatory from bank lockers wherever Sanjay has an interest.
Both the sides have also agreed to not file any proceedings against each other in the future and to maintain confidentiality in relation to all the matters concerning them as well as not create any situation that may impinge upon the integrity or reputation of the other side. Breach of these terms would make that side liable for proceedings by the other.
After over a year of fighting — eight months of which took place in full public glare — owner of Burgs chain of restaurants, Sanjay Kilachand and his wife Bindu, have arrived at a settlement, following which they may probably never cross each other’s paths.
Once all the formalities are completed, while Sanjay intends to continue to remain in Dubai, Bindu has decided to go back to her place of origin, which is Delhi. She had come to Mumbai with a pet dog after her marriage with Sanjay in April 2012. The pet would also shift back with her.
The settlement terms, signed on April 4 by both Sanjay and Bindu and their respective lawyers, have been presented before the Bombay High Court in a petition filed by Sanjay and Krishnaraj — Sanjay’s son from an earlier marriage. The petition seeks quashing of the FIR filed by Bindu in February this year at Girgaum police station.
According to the terms mentioned in the settlement, Bindu, after having received one-time alimony of an undisclosed amount, has voluntarily moved out of the matrimonial house at Carmichael Road. The couple have also filed a ‘mutual consent’ divorce petition before the family court and sought waiver of the six month cooling off period citing failure of every possible attempt to resolve their differences.
“In view of their failed marriage, the petitioners have already endured immense social stigma and if divorce is not granted at the earliest, the petitioners would suffer exceptional hardship,” reads the family court petition.
The settlement terms begin by saying that the couple has been living separately since March last year due to “irretrievable breakdown of marriage, unbridgeable differences and diverse temperaments,” after which Sanjay shifted to Dubai in July last year.
The settlement talks began last year, where Bindu was represented by advocate Zulfiquar Memon of MZM Legal and Sanjay by advocate Gautam Tiwari, a partner at Probus Legal, along with Rushail Navani.
This document will now be tendered before the Sessions Court where Krishnaraj has filed an anticipatory bail application and Girgaum Metropolitan Court where Bindu has filed an application under the Domestic Violence Act. She has an injunction order in her favour from the Bombay High Court in these proceedings for the matrimonial house. All these proceedings will be withdrawn by respective sides.
The settlement also says that the one-time alimony amount accepted by Bindu would include all her claims – streedhan, jewellery and any other articles. Her expensive painting too has been handed over to her. She, in her complaint to the police last year, had mentioned that when Sanjay was going through a rough patch, she had become a co-borrower of a loan amounting to Rs 3.60 crore which he had taken for business purposes. Her name has now been removed as a co-borrower from this loan account and she won’t be liable for any issues in the loan, the outstanding amount for which now stands at Rs. 3.23 crore.
Her name has been removed from Additional Directorship of three companies — Foods Plus Pvt Ltd, Parmatma Investments Pvt Ltd and Jones Grocer Pvt Ltd. Her name was earlier removed from Tyson Consultants Pvt Ltd. She would be indemnified – certified for no liability – on account of these companies. Her name has also been removed as joint operator/signatory from bank lockers wherever Sanjay has an interest.
Both the sides have also agreed to not file any proceedings against each other in the future and to maintain confidentiality in relation to all the matters concerning them as well as not create any situation that may impinge upon the integrity or reputation of the other side. Breach of these terms would make that side liable for proceedings by the other.
