1/4 42 FCA.12.2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 12 OF 2024 WITH INTERIM APPLICATION NO. 13790 OF 2025 IN FAMILY COURT APPEAL NO. 12 OF 2024 Leena Natwarlal Sindhwa Nee Mrs. Leena Tejas Gohel .. Appellant Versus Tejas Devendra Gohel .. Respondent … Mr. Chetan C. Agrawal a/w Mr. Rushikesh Bhorania i/by MKS Legal, for the Appellant. Mr. Siddharth Patil, for the Respondent-State. ... CORAM : BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATED : 01st SEPTEMBER, 2026 P.C:- 1. The Family Court Appeal filed by the Appellant-wife arises out of the judgment and decree passed by the Family Court, Bandra, thereby dissolving the marriage solemnized between the parties on 07.07.2016, in the proceedings instituted by the Respondent-husband under Section 13(1) (i-a) of the Hindu Marriage Act, 1955. During the pendency of the Appeal filed by the Appellant-wife, the Consent Terms are signed between the parties and presented to us during the course of hearing of the Appeal. Rushikesh RUSHIKESH VISHNU PATIL Digitally signed by RUSHIKESH VISHNU PATIL Date: 2026.09.02 15:21:39 +0530 2/4 42 FCA.12.2024.doc The Consent Terms dated 01.09.2026 are signed by the Appellant-wife as well as the Respondent-husband and the respective counsel. The Appellant as well as the Respondent are present before us, and they agree that they have signed the Consent Terms after going through their contents and after the effect of the terms being explained to them by their respective counsel. The Consent Terms are taken on record and marked as “X” for identification. 2. The parties, by consent, have agreed that the marriage solemnized between them shall be dissolved by a decree of divorce, being a decree of divorce by consent in place of the decree of divorce granted by the Family Court by its judgment dated 11.11.2022 on a divorce petition filed by the husband. The Respondent-husband has specifically expressed his no objection to converting the decree in his favour, granted by the Family Court on 11.11.2022 under Section 13(1)(i-a), into a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. 3. In the wake of the aforesaid, it is agreed that both the parties shall withdraw all the allegations levelled by them against each other and/or against their respective family members in various proceedings, which are specifically set out in clause Nos. 5 and 6 of the Consent Terms. Another stipulation in the Consent Terms is the payment of sum of Rs.6,00,000/- (Rupees Six Lakhs only) by the Respondent-husband to the Appellant-wife towards full and Rushikesh 3/4 42 FCA.12.2024.doc final settlement, including all claims under any other Act or law from the date of execution of Consent Terms, and this would settle the claims towards maintenance, permanent alimony, past or future monetary claims, litigation expenses, compensation, damages, stridhan, articles, jewellery and any other monetary claims arising from or connected with the matrimonial relationship. The Appellant-wife has agreed and undertaken to accept Rs.6,00,000/- as full and final settlement amount, and she shall have no claim of whatsoever nature against the Respondent-husband. Though in clause No. 10 it is stated that the Respondent- husband shall handover a Post-Dated Cheque of Rs.6,00,000/- (Rupees Six Lakhs only) immediately upon passing of the order, we bind the parties to the effect that the Post-Dated Cheque shall be handed over to the Appellant-wife within 48 hours from today. We make it clear that, if there is no compliance with the stipulations or if the cheque is not honoured, the Consent Terms shall not have its effect and the Appeal shall stand revived. 4. In the wake of the Consent Terms placed before us and marked as “X” for identification, we declare that the marriage solemnized between the parties on 07.07.2016 stands dissolved by mutual consent and, accordingly, a decree shall be passed under Section 13B of the Hindu Marriage Act, 1955, with a declaration that the marriage is dissolved by mutual consent between the parties. Since there is a time gap between the Rushikesh 4/4 42 FCA.12.2024.doc period when the divorce decree was granted in favour of the husband on 11.11.2022 and today, i.e. 01.09.2026, when we have dissolved the marriage by mutual consent by passing a decree under Section 13B of the Hindu Marriage Act, 1955, it is declared that the husband shall not be saddled with any consequences, if any, arising out of the marriage which he has performed. With the aforesaid clarification, we dispose of the Family Court Appeal in terms of the Consent Terms marked as “X”. Decree to be drawn accordingly. (ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.) Rushikesh