Toral @ Bhakti Sandeep Gandhi v. Sandeep Virendra Gandhi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.103 OF 2024 WITH INTERIM APPLICATION NO.2008 OF 2024 WITH INTERIM APPLICATION NO.9942 OF 2025 Toral @ Bhakti Sandeep Gandhi ) Adult, Hindu, Indian Inhabitant of Mumbai, ) Aged 47 Years, Occ. Housewife, ) and residing at 101, Mantri-Sujata ) Saraswat Colony, Santacruz (West), ) Mumbai-400 054 ) ..Appellant V/s.
Sandeep Virendra Gandhi ) Adult, Hindu, Indian Inhabitant of Mumbai ) Aged 48 years, occ. Business ) and residing at 73/7, Dev Chhaya, ) Tardeo Road, Haji Ali, Mumbai-400 034 ) ..Respondent AND FAMILY COURT APPEAL NO.113 OF 2024 WITH INTERIM APPLICATION NO.1883 OF 2023 WITH INTERIM APPLICATION NO.3563 OF 2025 1/7
Mr. Sandeep Virendra Gandhi ) Aged 49 years, residing at 73/7, Dev Chhaya, ) Tardeo Road, Haji Ali, Mumbai-400 034 ) ...Appellant V/s.
Mrs. Toral @ Bhakti Sandeep Gandhi ) Aged 47 Years, ) 302, Harmony, 9 Phirojsha Mehta Road, ) Ville Parle (East), Mumbai-57 ) Presently residing at ) Mantri Sujata, 1st Floor, Saraswat Road, ) Santacruz (West), Mumbai-400 054.
) ..Respondent ......
Ms. Prachi S. Kamble i/b Parul Vedak & Associates for the Appellant in FCA No.103 of 2024 and for the Respondent in FCA No.113 of 2024.
Ms. Nikita Dharamshi a/w Ms. Shivani Bhatia i/b C.K. Legal for the Respondent in FCA No.103 of 2024 and for the Appellant in FCA No.113 of 2024.
......
CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.
DATE : 15th OCTOBER, 2025 Judgment (Per Sandesh D. Patil, J.) :
1) Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. Ms. Nikita 2/7
Dharamshi waives notice for the Respondent in FCA No.103 of 2024. Ms. Prachi S. Kamble waives notice for the Respondent in FCA No.113 of 2024.
2) By the present Family Court Appeal No. 103 of 2024, the Appellant has challenged the judgment and order dated 22nd July 2022, passed by the learned Judge, Family Court at Bandra, Mumbai, in the proceeding bearing No.A-1503 of 2013. The Appellant herein, is the wife and the Respondent is the husband. The marriage between the parties was solemnized on 30th January 2012, at Mumbai. The Appellant-wife had filed the proceedings bearing Petition No.A-1503 of 2013 in the Family Court at Bandra, Mumbai, for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The parties filed Consent Terms qua the dissolution of marriage and accordingly the marriage was dissolved, by the learned Judge, Family Court at Bandra, Mumbai. The dissolution of marriage was thus by consent. The learned Judge, Family Court at Bandra, Mumbai granted permanent alimony of Rs.1 crore to the Appellant's wife, Rs. 50 lakhs were granted to the Appellant-wife for accommodation and Rs.10,000/- 3/7
for litigation expenses.
3) The Appellant-wife was not satisfied with the quantum of permanent alimony as well as quantum payable towards accommodation and litigation expenses and hence, she preferred the present Appeal.
4) On the other hand, the Respondent-husband has preferred a Family Court Appeal No. 113 of 2024 challenging the quantum of permanent alimony. The case of the Respondent-husband was that the quantum is on the higher side.
5) Both the Family Court Appeals were kept from time to time in the Chamber, to explore the possibility of an amicable settlement. The parties ultimately reached to an amicable settlement and decided to file present Consent Terms. 6) Both the parties are identified by their respective Counsel.
7) Learned Counsel appearing for the respective parties 4/7
have tendered the Consent Terms in the Court dated 15th October 2025. The same are accepted and marked Exhibit-"X" for identification. The Consent Terms provide that the husbandSandeep Virendra Gandhi shall pay to the wife-Toral @ Bhakti Sandeep Gandhi, an additional Rs.30,00,000/- over and above the sum of Rs.1,50,00,000/-, which was already deposited by him in this Court, within a period of four months, in two installments. The first installment of Rs.15,00,000/- shall be due and payable before 15th December 2025 and the second installment of Rs.15,00,000/- shall be due and payable to the Appellant-wife on or before 15th January 2026. The amounts mentioned in this paragraph are to be deposited directly in the bank account of the wife-Toral @ Bhakti Sandeep Gandhi.
8) As per the Consent Terms, wife-Toral @ Bhakti Sandeep Gandhi is at liberty to withdraw an amount of Rs.50,00,000/- deposited by the husband-Mr. Sandeep Virendra Gandhi, after she withdraws the Regular Darkhast No.90 of 2024 filed in Petition No.A-1503 of 2013 pending before the Ld. Family Court, Mumbai and the copy of the case status/order is communicated by 5/7
the Advocate of the wife - Toral @ Bhakti Sandeep Gandhi to the Advocate of the husband - Sandeep Virendra Gandhi. 9) Both the parties are present in Court. We have specifically put a query to the parties, whether they have signed the Consent Terms after understanding the contents and consequences. Both the parties have replied affirmatively.
10) Hence, we proceed to pass the following Order :- : O R D E R :
(i) Family Court Appeal Nos.103 of 2025 and Family Court Appeal No.113 of 2024 are hereby disposed of in terms of the Consent Terms.
(ii) Since the Family Court Appeals are disposed of, nothing survives for consideration in the Interim Applications and are accordingly disposed of.
(iii) The Consent Terms shall form part of this Order.
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(iv) Decree be drawn up accordingly in terms of the Consent Terms.
(v) There shall be no Order as to Costs.
11) Rule is made absolute on the aforesaid terms. 12) Place the matters for recording compliance of the Consent Terms on 18th December 2025 and thereafter, on 19th January 2026.
13) Presently, stand over to 18th December 2025.
All concerned parties to act on the authenticated copy of this Order.
(SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 7/7 by RAJESH VASANT CHITTEWAN Date: 2025.10.28 19:13:17 +0530 RAJESH VASANT CHITTEWAN