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2026 DAILYLAW 5989 (BOM)

JITENDRA SHIHORI RAJBHAR v. MANISHA JITENDRA RAJBHAR AND ANR.

FCA/73/2026 · 2026-09-03

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Judgment text

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1/3 2 FCA-73-26.odt Salgaonkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.73 OF 2026 Jitendra Shihori Rajbhar .. Appellant Versus Manisha Jitendra Rajbhar & Anr. .. Respondents … Mr.Swatesh Tripathi i/b Mr.R.M.Upadhyay for the Appellant. Mr.Chandan A. Dubey for the Respondent. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 03rd SEPTEMBER, 2026 ... P.C:- 1. During the pendency of the Appeal, the Consent Terms under the signatures of the Appellant and Respondent dated 03/09/2026 are placed before us. The Consent Terms also bear the signatures of the Advocates for the Appellant- husband and the Respondent-wife. The Consent Terms are taken on record and marked ‘X’ for identification. 2. The Appellant-husband and Respondent-wife have settled the dispute and differences arisen between them, which had resulted into filing of an Appeal, raising a challenge to the Judgment and Decree passed in Petition No.A-3021/2016 by MANDIRA MILIND SALGAONKAR Digitally signed by MANDIRA MILIND SALGAONKAR Date: 2026.09.03 18:23:14 +0530 2/3 2 FCA-73-26.odt the Family Court at Mumbai. The terms of settlement are recorded in the Consent Terms, where it is mutually agreed that the marriage solemnized between the parties on 24/06/2004 shall be dissolved by a decree of divorce by mutual consent. Clause 3 of the Consent Terms record that the husband has paid to the wife a sum of Rs.50,000/- towards full and final settlement of all the claims of the wife and she has acknowledged the said amount and made a categorical statement that she shall not have further claim of any nature whatsoever against the husband. The minor children born after the wedlock are agreed to be in custody of the wife, though the husband is at liberty to meet the children as per mutual wish and consent of the children. The Consent Terms also contain a categorical statement that pursuant to dissolution of marriage by mutual consent, each party shall be free to lead his/her life independently without any interference, objection or hindrance from the other side. 3. When specifically inquired with the Respondent-wife as to whether she is agreeable to the terms and conditions and apprised her about the settlement being effected by the amount of Rs.50,000/-, which she has already received, she consented before us that she wants to end the marital tie and the Court may pass the decree of dissolution of marriage by mutual consent. 3/3 2 FCA-73-26.odt 4. In the wake of the understanding recorded in the Consent Terms dated 03/09/2026 marked as ‘X’, the marriage solemnized between the parties stand dissolved by the decree of mutual consent passed under Section 13B of the Hindu Marriage Act,1955. 5. Decree be drawn in accordance with the Consent Terms. (ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)