Bombay High Court

VAIBHAV KISHOR MASTAKARversusMRS. EKTA SANTOSH MESTRY

Decided: 7 October 2026
Disposal: Disposed Off

Holding

The court accepted the consent terms, ordered conversion of the marriage petition to a mutual‑consent divorce petition, and directed disposal of the applications pending waiver of the cooling period.

Summary

The parties, Swapnil Vaibhav Kishor Mastakar and Ekta Santosh Mestry, appeared before the Bombay High Court and submitted a consent order dated 23 September 2026, which was signed by the parties, their advocates, and the mediator. The consent terms record that the couple has not cohabited since December 2021 and have been living separately since 1 February 2026, and that there are no children. They agreed to convert the marriage petition filed by the wife in the Family Court, Pune, into a mutual‑consent divorce petition under Section 13(B) of the Hindu Marriage Act, 1955, and to apply for a waiver of the statutory six‑month cooling period. The court accepted the consent terms as undertakings, noted the parties’ agreement, and ordered that both miscellaneous civil applications be disposed of in accordance with the consent terms. The family court will consider the waiver application based on established legal principles.

Issues considered

Whether the parties may convert a pending marriage petition into a mutual‑consent divorce petition under Section 13(B) of the Hindu Marriage Act, 1955.
Whether the six‑month cooling period prescribed under Section 13(B) can be waived by mutual consent of the parties.
Whether the consent terms signed before a mediator constitute valid undertakings to the court.

Legislation cited

Hindu Marriage Act, 1955 — s. 13(B)

Subjects

mutual consent divorce
waiver of cooling period
consent order
Hindu Marriage Act
family law
separation
no children

Judgment

2026:BHC-AS:40912

                                                  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
   Swapnil
               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 23 rd 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
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                                    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 1 st February 2026.


6.    Learned counsels for the respective parties submit that

there are no children and the parties have agreed to part


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                                    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.]




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