Kamini Wife Of Manish Kumar v. Manish Kumar
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.190 OF 2025 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:
2025.12.04 22:36:03 +0530 Kamini W/o Manish Kumar ...Applicant ARJUN VITTHAL KUDHEKAR
Versus
Manish Kumar S/o. Shri Raju & Ors.
...Respondents
_______________________________________________________________ Mr. R. P. Ojha a/w Rakesh Dubey & Ankita Ojha, for the Applicant. Mr. Bharat V. Bhatia a/w Pradnya Sonawane, Rani B. Yadav & Barkha Punjabi, for the Respondents.
Ms. R. V. Newton, APP for the State.
_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.
DATED: 04 DECEMBER 2025 P.C.:
1.
The challenge in this Criminal Revision Application is to the Order dated 3rd March 2025 passed by the learned Additional Sessions Judge, Kalyan, in PWDVA Appeal No.25 of 2020 as also to the Order dated 25th February 2020 passed by the learned Judicial Magistrate F. C., 4th Jt. Court, Ulhasnagar, below Exhibit-5 in D.V.M.A. No.37 of 2018. 2.
By the impugned Order dated 25th February 2020, the learned JMFC directed payment of Rs.3000/- per month as maintenance and the said Order is maintained in the Appeal.
3.
This matter was placed before this Court on 28th November 2025 and Mr. Ojha, learned Counsel for the Applicant and Mr. Bhatia, learned Counsel for the Respondents stated that both the parties have agreed to settle the dispute and the broad terms and conditions of settlement are set out in the said Order dated 28th November 2025. 4.
Today both the learned Counsel tender the 'Consent Terms' arrived between the Applicant and Respondent No.1. Both the Applicant and Respondent No.1 are personally present in the Court. Both of them state that the Consent Terms are signed by them and that they have settled the dispute in terms of the Consent Terms. The Consent Terms are also signed by their respective Advocates. The respective Advocates identify the signatures of the Applicant and Respondent No.1. Accordingly, the Consent Terms are taken on record and marked "X" for identification. The Consent Terms read as under :-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMNAL REVISION APPLICATION NO. 190 OF 2025 Dist.:
Thane Mrs. Kamini W/o. Manish Kumar ) ) Hindu, adult, aged 33 years, Occupation:
Nil C/o.Vijay Kumar Kashyap, Flat No.304, Swarn Sanket CHSL, Opp. Water Supply Office, ) Lal Chakki Road, Ulhasnagar-4.
Applicant Mobile No.8830711065
Versus
) Manish Kumar, 1.
S/o.
Shri Raju, Hindu, Adult, Aged 35 years, Occupation:
Technical Architect Office Add: ENAT Pvt.Ltd.
HM Rochester, 3 Floor, 197, Binna Mangla Indira Nagar, 2md Stage, Bangalore 560038,
Karnataka.
) Resi Add: Manish Kumar, Flat No.5, Building No.47/8 Kadrina Pallaya, ) BTS Depot, Indira Nagar, Bangalore 560038, Karnataka.
)
2. Shri Raju, Hindu, adult, aged 56 years ) Occ: Service,
3. Smt. Meena, w/lo.Shri Raju Hindu, adult, age 50 years Occ:
Housewife 4.
Mitesh S/o.
Shri Raju Hindu, adjult, age 30 years Occ: Service
5. Ajay S/o.Shri Raju Hindu, adjult, age 30 years Occ: Service All are residing at House No.91, Paradise complex, near Bethany School, Borsi -Bhata, Duru -491001) Chattisgarh.
...
Respondents
Consent terms for Amicable Settlement
1. That the Applicant and Respondent no. 1 had solemnized their marriage on 27/01/2014 at Mayur Lawns, Ulhasnagar and that due to irreconcilable differences have been staying separately since 2016 and have no relations with each other of whatsoever nature since then.
(The Applicant and Respondent no. lare hereinafter referred to as BOTH THE PARTIES").
2. That there is no issue born out of the said wedlock.
3. That the parties hereto have arrived settlement as per the terms mentioned herein in this present consent terms and have decided to amicably settle their marital dispute.
4. That both the Parties hereto agree and undertake to withdraw all allegations made against each other and their family members either before the authority/ authorities or in any Court proceedings,
5. That the Respondent no. 1 would make an application to withdraw the Contested Divorce Petition bearing no 1994 of 2025 before the Hon'ble Civil Judge, Kalyan and meanwhile parties to the present application undertake that they shall file a Mutual Consent Divorce Petition u/s 13(B) of Hindu Marriage Act, 1995 before the Hon'ble Kalyan Court.
6. That it is mutually decided between the Applicant and the Respondent no.1 that the Respondent no.1 shall pay a one time full and final settlement amount being permanent alimony of Rs.32,00,000/- (Rupees Thirty Two Lakhs Only) to the Applicant.
7. The Respondent No.1 undertakes to deposit the agreed amount of Rs. 32,00,000/- (Rupees Thirty Two Lakhs Only) by way of two instalments i.e.
Rs. 5,00,000/- (Rupees Five Lakhs Only) by way of Demand Draft at the time filing of Mutual Divorce Petition i.e.
on or before 18h December 2025 and
II.
Rs. 27,00,000/- (Rupees Twenty Seven Lakhs Only) by way of Demand Draft at the time of filing final claim affidavit before the Hon'ble Kalyan court in the mutual divorce petition.
8. That after the signing of this consent terms, both the parties undertake that they will not file any civil and or criminal proceedings against cach other and or their family members in respect of the said marriage.
9. That both the parties shall not interfere in each other's life neither personaly nor professionally after executing this consent terms and further more particularly after the divorce decree and that the parties hereto shall be restrained to malign and defame each other's name in the society and the community and shall never tarnish each other's names and would refrain from making any kind of defamatory statements against each other and that after the signing of this consent terms and Divorce Decree, the Applicant and the Respondent no.1 are free to live their life and shall refrain from any sort of intervention in each
other's lives and furthermore both the parties herein will not hinder in cach other's lives nor contact each other's extended family or at other's workplace.
10. That both the parties unequivocally declare that nothing is to be exchanged between them.
That both parties agree and confirm that no claim of stridhan or gifts shall be raised by either party.
All claims made by the Applicant relating to stridhan, gifts, movable or immovable property or money stand fully and finally settled after receiving the entire amount as mentioned hereinabove.
11.
That both the parties agree that they shall not claim any right, title, interest or share in the either parties movable or immovable property, whether self-acquired, ancestral, inherited or jointly held, in present or in future.
12. That these consent terms are being decided amicably by the parties hereto and without any undue influence and coercion on either of the parties.
13.
In view of the above consent terms there are no other claims and dues of whatsoever nature against each other.
14.The Applicant shall withdraw D.V. M. A. No.37 of 2018 filed by the Applicant under sections 12, 18, 19, 20, 22, 23, of the Protection of Women from Domestic Violence Act, 2005 before the Court of Judicial Magistrate, First Class, Ulhasnagar, Thane, Maharashtra after the Divorce petition is disposed off and the Applicant receives the amount as mentioned hereinabove.
15.The applicant withdraws the present Criminal Revision Application No.190 of 2025 against the Respondent no.2 to 5.
Above mentioned consent terms are read over to the parties in English and understood by them before execution.
Duletha 4Th day 4 Decewuben, 204 Respondentno, Applicant Jues 4|12|25 Mrs. Kamini Manish Kumar Mr.Manish Kumar
Adv for the Applicant Adfor Respondents 5.
Accordingly, the Criminal Revision Application is disposed of in terms of the Consent Terms.
[MADHAV J. JAMDAR, J.]