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Bombay High CourtFCA/22/2024disposed off

Arpita Rajput v. Avinash Kumar Rastogi

2026-02-13Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande3 pages

1/3 905-FCA-22-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.22 OF 2024 ALONGWITH INTERIM APPLICATION NO.1381 OF 2024 IN FAMILY COURT APPEAL NO.22 OF 2024 Arpita Rajput ..

Appellant

Versus

Avnish Kumar Rastogi ..

Respondent Mr.Virendra Pethe for the Appellant.

Appellant present in person.

Respondent present through VC.

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATE : 13th FEBRUARY, 2026 P.C:- The Parties to the Family Court Appeal have filed the Consent Terms and pray for disposal of the Appeal in accordance with the Consent Terms.

The Appellant-wife is personally present in the Court and she is identified by the Advocate representing her. The Respondent-Husband is present through VC.

The parties have entered into the Consent terms, which reads thus :- by RAJSHREE KISHOR MORE Date:

2026.02.16 10:48:28 +0530 RAJSHREE KISHOR MORE

2/3 905-FCA-22-2024.odt "1. That the Appellant /Petitioner and the Respondent got married on 11-July-2016 before the Registrar of Marriages, Thane. That there is no issue born out of wedlock. That the Respondent husband have filed Divorce Petition under the provisions of Special marriage Act. That the Ld. Family Court, Thane after completion of trial and after hearing both the sides was pleased to allow the Marriage Petition filed by the Respondent husband thereby divorce under Section 27(1) (d) of Special Marriage Act, 1954 was granted by an order dated 14.08.2023 in Marriage petition A-528/2017.

2. Being aggrieved by the order dated 14.08.2023 the Petitioner has filed above mentioned Appeal being Family Court Appeal No. 22 of 2024 before this Hon'ble Court. That said appeal is pending for admission before the Hon'ble High Court.

3. That the Appellant has also filed Petition being E/9/2023 before Family Court Thane the for maintenance.

4. That during the pendency of aforesaid proceedings parties have amicably resolved all their disputes arising out of the marriage, without any force, pressure, coercion or undue influence in view of the following terms and conditions and already filed consent terms dated 22.12.2025 before the Ld. Family Court, Thane. That the parties are filing present Consent Terms in the abovementioned family Court Appeal, since both the Appellant wife and Respondent husband agree that the marriage between the Appellant wife and Respondent husband solemnized on 11.07.2016 be dissolved by mutual consent of both the parties.

One-time Permanent Alimony:

(a) The Respondent has agreed to pay the Petitioner a sum of 50,00,000/- (Rupees Fifty Lakh only) towards full and final ₹ settlement of all her past, present and future claims including permanent alimony, maintenance (past, present, future), stridhan, residence and any other claims of whatsoever nature monetary or property claims from the Respondent and/or his family members. (b) That the Appellant shall withdraw the maintenance Petition being E/9/2023 pending before the Family Court, Thane within period of 2 weeks from filing of consent terms before the Family Court, Thane.

(c) That the Appellant shall be allowed to withdraw the demand draft of Rs. 50,00,000/- only after withdrawing the maintenance Petition Being No E/9/2023 filed in the family court and after disposal and/or withdrawal of present Family Court Appeal No. 22 of 2024.

3/3 905-FCA-22-2024.odt (d) It is further agreed and declared that the Petitioner and Respondent will not indulge in any acts which may or are likely to defame, slander or malign the character or reputation of the other Petitioner/Respondent and/or their respective families. (e) Both the parties withdraw all the allegations against each other made in all the proceedings pending between the parties as the matter is finally settled and the proceedings stands concluded in between the parties."

It is also recorded in the Consent Terms that the appellant has already complied the terms stated in para 4(b) and has withdrawn the Maintenance Petition bearing No.E/9/2023 pending on the file of Family Court, Thane on 31/01/2026. The Respondent had also deposited the Demand Draft with the Family Court on 02/02/2026.

Both the parties state that the settlement is absolute, complete and final, that there shall not be any claim of any nature in future.

The Consent Terms signed by both the Parties are taken on record. The Parties undertake to abide by the Consent Terms.

In the wake of settlement being reached between the parties, the Family Court Appeal stand disposed of. Interim Application also stand disposed of.

Decree be drawn as per the Consent Terms.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)