Neelambari Abhijet Desai v. Abhijeet Ashok Desai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by KANCHAN VINOD MAYEKAR Date:
2025.10.08 21:48:27 +0530 KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 345 OF 2024 Neelambari Abhijeet Desai Nee Neelambari Bharat Jagtap ..... Applicant
VERSUS
Abhijeet Ashok Desai ..... Respondent Dr. Uday P. Warunjikar i/b. Mr. Mahendra Agvekar for the Applicant. Mr.Nitin Thakker, Senior Advocate a/w. Ms.Anita Castellino, Mr. Vijay Singh, Ms.Daksha Punghera, Mr.Karan Gajra, Mr.Digvijay S.Kachare, Adv.Ashlyn Almeida for the Respondent.
CORAM : RAJESH S. PATIL, J.
DATE : 8 OCTOBER, 2025 P.C. :- 1) Both the learned counsels have tendered the Consent Terms dated 8 October, 2025 duly signed by both the parties and their respective advocates. The said Consent Terms dated 8 October, 2025 is taken on record and marked 'X' for identification purpose. For ease of reference, scan copy of the said Consent Terms is reproduced hereinbelow :-
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12/17 2) Both the learned counsels identify their respective clients as being present in Court and also identify the signatures of their respective clients.
3) All the statements made in the Consent Terms are accepted as undertaking given to this Court. All undertakings are also accepted.
4) The respondent-husband has also tendered to this Court, his Undertaking dated 8 October, 2025. The said Undertaking dated 8 October, 2025 is also taken on record and marked 'X-1' for identification purpose. For ease of reference, a scan copy of the said Undertaking is reproduced hereinbelow :-
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14/17 5) As agreed in the Consent Terms, in para no.2, both the parties who have filed the writ petitions in this Court challenging the maintenance granted by an order dated 6 January, 2023 by the Family Court, Bandra, Mumbai, will withdraw their respective writ petitions within a period of one week from today. The said statement made by both the respective parties are accepted by this Court. 6) Dr.Warunjikar, learned counsel appearing for the applicant-wife on instructions of his client who is present in Court submits that as per Consent Terms, paragraph no.5(e), an amount of Rs.75,00,000/- (Rupees Seventy Five Lacs only) has been received by an electronic transfer today in the bank account of the applicant-wife. 7) Mr.
Nitin Thakkar, learned Senior Counsel has also handed over the original insurance company document of ICICI Prudential's Guaranteed Savings Insurance Plan, the details of which have been mentioned in para no.5(f) of the Consent Terms. Dr.Warunjikar confirms the receipt of the said document, on behalf of his client who is present in Court. The said document is handed over by Dr.Warunjikar to the applicant-wife.
8) The proceedings of Marriage Petition No. A-2017/2016 has been received by the Registry of this Court, as per Order dated 7
15/17 October, 2025 and the same is placed before me, as called for by consent of the parties.
8.1) Mr.Nitin Thakkar, learned Senior Counsel appearing for the respondent-husband seeks leave and liberty to amend the divorce petition filed by the respondent-husband being Marriage Petition No. A-2017/2016, pending before the Family Court at Bandra, Mumbai as per the schedule of draft amendment, which has reference in para nos.
(9) and (10) of the Consent Terms. Dr.Warunjikar has no objection if the said amendment is allowed.
8.2) Leave and liberty as prayed, is granted.
8.3) Amendment to be carried out forthwith in the proceedings being Marriage Petition No. A-2017/2016. 9) In view of the amendment be caused to the petition being Marriage Petition No. A-2017/2016 and the petition now being converted into divorce by mutual consent and both the parties who are present in this Court agreeing for divorce by mutual consent, the Marriage Petition No. A-2017/2016 is hereby allowed in terms of prayer clause 96(i)-a. The said prayer clause 96(i)-a reads as under :- " 96(i)-a.
The Marriage between Petitioner No.1 & Petitioner No.2 be dissolved by consent u/s 13(B) of Hindu Marriage Act."
16/17 10) In view of the same, the Marriage Petition No.A2017/2016 stands disposed off, in terms of the Consent Terms dated 8 October, 2025 filed in Miscellaneous Civil Application No. 345 of 2024.
11) Decree to be drawn up by the Registry of this Court accordingly.
12) The applicant-wife has also submitted that she will be attending physically before the Circuit Bench at Kolhapur of this Court, tomorrow in Criminal Application No. 1212 of 2024 with Criminal Application No. 1213 of 2024 with Criminal Application No. 1214 of 2024 and Criminal Application No. 1576 of 2024. The said statement made by the applicant-wife is accepted by this Court. 13) This Court is expecting both the parties to adhere to their respective statements and undertakings given to this Court. 14) Miscellaneous Civil Application stands disposed off. 15) Matter to come up under the caption 'For Compliance' on 15 October, 2025.
16) As far as para no.7 of the Consent Terms is concerned, it mentions about the visitation right of the respondent-husband with his daughter, this Court is expecting full co-operation from the applicant-
17/17 wife, for the same. The daughter, who has been caught in the middle of her parents' conflict and is not a party to these proceedings, needs to understand that both her parents care for her and wish to spend quality time with her. Therefore, it would be beneficial if she also positively co-operates with the visitation meetings. 17) All concerned to act on the authenticated copy of this order.
[RAJESH S. PATIL, J.]