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Bombay High CourtFCA/9/2024disposed off

Manjushri Nilesh Gaikwad v. Nilesh Uttam Gaikwad

2026-04-16Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Shri Justice Neeraj P. Dhote3 pages

2026:BHC-AUG:17006-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 992 FAMILY COURT APPEAL NO.8 OF 2024 Manjushri Nilesh Gaikwad ..Appellant

Versus

Nilesh Uttam Gaikwad ..Respondent .....

Shri. Parag Vijay Barde, Advocate for the Appellant Shri. Bhushan S. Dhawale, Advocate for the Respondent .....

WITH CIVIL APPLICATION NO. 7644 OF 2023 IN FCA/8/2024 ......

AND FAMILY COURT APPEAL NO. 9 OF 2024 Manjushri Nilesh Gaikwad ..Appellant

Versus

Nilesh Uttam Gaikwad ..Respondent .....

Shri. Parag Vijay Barde, Advocate for the Appellant Shri. Bhushan S. Dhawale, Advocate for the Respondent .....

WITH CIVIL APPLICATION NO. 7651 OF 2023 IN FCA/9/2024 .....

CORAM : SMT. VIBHA KANKANWADI AND NEERAJ P. DHOTE, JJ.

DATED : 16TH APRIL, 2026 PER COURT : - .

In view of the order dated 24.07.2024, the matter was referred for mediation. Office note shows that, the Report was received on

06.12.2024. Thereafter, by order dated 06.12.2024 the following order was passed:

'List the matter after the terms of settlement have been completely complied with.'

2.

It appears that thereafter the matter was not listed at all till it was circulated for 02.04.2026 for withdrawal. On 02.04.2026, after taking note of the fact that mediation was successful, and in view of the Rule 25 of the Bombay Mediation Rules, the parties were directed to remain present before this Court today.

3.

Today, both the parties, i.e., the Appellant as well as the Respondent are present before this Court. They confirm the terms of compromise. The Appellant further confirms receipt of the amount as per the terms of the settlement and therefore, we are reading the compromise terms and recording the same.

4.

It appears that, the parties were before the Family Court, Ahmednagar and Petition No.A-335 of 2018 was filed by the Wife for restitution of conjugal rights under Section 32 of the Divorce Act, whereas Petition No.A-48 of 2021 was filed by the husband for divorce under Section 10 of the Divorce Act. The Petition for restitution of conjugal rights was dismissed by the learned Trial Judge, whereas the Petition for divorce was decreed by the Judgment and Decree dated

28.02.2023.

5.

In view of the compromise terms taken on record and marked as Exh.'X', the Wife accepts the decree of divorce. Under such circumstances, the orders passed in both the Petitions are confirmed and in view of the same, both the Family Court Appeals filed by the Wife stand disposed of in terms of the compromise terms marked as Exh. 'X'. 6.

Decree be drawn up accordingly.

7.

Pending Civil Application/s, if any, stand/s disposed of. 8.

No order as to costs in any of the matters.

[NEERAJ P. DHOTE] [SMT. VIBHA KANKANWADI] JUDGE JUDGE GGP