Sarika Gajanan Sandbhor v. Ranjit Baliram Kate

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 138 OF 2025 WITH INTERIM APPLICATION NO. 38497 OF 2025 Sarika Gajanan Sandbhor ...Appellant

Versus

Ranjit Baliram Kate

...Respondent

**** Mr. Vilas Tapkir a/w M. Khambete and Parth Deshpande for the Appellant.

Mr. Prabhanjan Gujar for Respondent.

**** SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2026.02.11 19:52:22 +0530 CORAM :

BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATE :

6th FEBRUARY, 2026 P.C. :

1.

The Family Court Appeal filed by the wife raised a challenge to the Judgment and Decree passed by the Family Court under the 13(i)(a) of the Hindu Marriage Act, 1955, thereby allowing the petition filed by the husband seeking dissolution of the marriage on the ground of cruelty. The Appellant/wife has also filed counter claim seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

2.

Being aggrieved by the Judgment and Decree dated 01.10.2025, as the petition filed by the husband was allowed and the counter claim was dismissed, the present appeal is filed.

3.

During the pendency of the appeal before us, the Consent Terms under the signature of the Appellant and the Respondent along with signatures of their Advocates dated 06.02.2026 are placed before us. 4.

We have taken the Consent Terms on record. The Appellant and Respondent/husband are present before us. Their identity is established by the respective counsel representing them.

On specific query as to whether they have understood the Consent Terms and the signatures are affixed, after going through the same, we received a positive response.

5.

The Consent Terms record the understanding reached between the parties and paragraph 5 of the Consent Terms, record that the parties had amicably decided to settle the disputes between them and they have agreed to dissolve the marriage solemnized on 21.05.2017 by mutual consent under Section 13(b) of the Hindu Marriage Act, 1955 and they shall withdraw all allegations made against each other. As a part of the settlement, the husband had agreed to pay an amount of Rs.15,00,000/- to the Appellant/wife towards permanent alimony and she has agreed that upon receipt of the amount, she shall not claim any maintenance or lay any claim on the property of the husband, whether ancestral or self-acquired and she has agreed to give up all her claims of any nature whatsoever against the husband. 6.

As mentioned in clause (e) of para 5 of the Consent Terms, the demand draft of Rs.15,00,000/- with the descriptions set out therein is handed over by the husband to the wife, which she has received and acknowledged.

Clauses (e) and (f) of the Consent Terms specifically record thus: "(e) The Respondent-Husband has paid the amount of

Rs.15,00,000/- vide demand draft of Rs.15,00,000/- (Rs. Fifteen Lakhs) dated 23.01.2026 bearing No. 947737 drawn in State Bank of India in favour of the Appellant-Wife i.e. Sarika Gajanan Sandbhor and she hereby accepts and acknowledges the receipt of the said amount of Rs.15,00,000/- (Rs. Fifteen Lakhs). (f) That by consent of the parties the Judgment and Decree dated 1st October 2025, passed by Ld. Family Court, Pune in Petition No. A-1507 of 2021 be set aside and the Petition No. A1507 of 2021 filed before Ld. Family Court-7, at Pune be converted into the Petition under Section 13(B) of the Hindu Marriage Act, 1955, and on the basis of present consent term, the decree of divorce by consent, be passed."

7.

In addition to the aforesaid clauses, there is also mention of handing over of the articles which were in possession of the husband and the wife has admitted that she was in possession of streedhan as well as the gold ornaments gifted to her.

8.

The consent terms specifically record that they are signed by the parties out of their own will and by understanding the stipulations contained therein and without being influenced by anything. Consensus is expressed that by accepting the Consent Terms, the Family Court Appeal be disposed of and decree be drawn accordingly. In the wake of the understanding arrived between the parties and presented before us through the Consent Terms dated 06.02.2026, the Family Court Appeal is disposed of. The decree is directed to be drawn in accordance with the Consent Terms presented before us and marked as "X" for identification.

Pending Interim Application is also disposed of. (MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)