VAIBHAV KISHOR MASTAKAR v. MRS. EKTA SANTOSH MESTRY
/207/2026 · 2026-10-07
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16234 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16234 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
46&65-MCA-207-2026 (Com. ord.).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 207 OF 2026 Vaibhav Kishor Mastakar …Applicant Vs. Ekta Santosh Mestry. …Respondent WITH MISC.CIVIL APPLICATION (STAMP) NO. 16585 OF 2026 Ekta Santosh Mestry. …Applicant Vs. Vaibhav Kishor Mastakar. …Respondent Mr. Hitesh Vyas a/w. Mr. Rasik Raut, Mr. Chandrashekhar Yadav for the respondent in MCA/207/2026 and for the applicant in MCA(ST)/16585/2026. Ms. Ishika Tolani a/w. Mr. Gaurav Khetwani for the applicant in MCA/207/2026 and for the respondent in MCA/16585/2026.
CORAM : GAURI GODSE, J.
DATE :
7th OCTOBER 2026
ORDER :
1. Learned counsels for the respective parties have tendered consent terms dated 23rd September 2026 signed and executed before the learned Mediator. The copy of the consent terms is also placed on record along with the learned Mediator’s report. The consent terms is also signed 1/3 Swapnil 2026:BHC-AS:40912
46&65-MCA-207-2026 (Com. ord.).docx by the learned Mediator and the respective advocates.
2. The parties are present in the court. They confirm the correctness of the consent terms and their signatures. The parties are identified by their respective advocates.
3. Consent terms dated 23rd September 2026 is taken on record and marked ‘X1’ with today’s date for identification.
4. The assurances and the undertakings recorded in the consent terms are accepted as undertakings to this court.
5. The parties have agreed to convert the marriage petition filed by the wife at Family Court, Pune into the petition for divorce by mutual consent under Section 13 (B) of the Hindu Marriage Act, 1955. The parties have agreed to make an application for waiver of the six months cooling period. The parties have stated in this consent terms that they have not cohabited as husband and wife since December 2021, although they were residing in the same premises. The parties have further stated that they are residing in a separate premises since 1st February 2026.
6. Learned counsels for the respective parties submit that there are no children and the parties have agreed to part 2/3
46&65-MCA-207-2026 (Com. ord.).docx ways on the terms and conditions recorded in the consent terms. They intend to make an application for waiver of six months cooling period. They have also agreed in the consent terms to make a separate application for the same. The family court shall decide such an application for waiver by keeping in mind the well-established legal principles to grant the waiver.
7. Both the miscellaneous civil applications are disposed of in terms of the consent terms.
[GAURI GODSE, J.] 3/3