Bombay High Court

LEENA NATWARLAL SINDHWA NEE MRS. LEENA TEJAS GOHELversusTEJAS DEVENDRA GOHEL

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The Court granted a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, in accordance with the parties’ Consent Terms.

Summary

The appellant-wife appealed the Family Court’s decree granting a divorce to the husband under Section 13(1)(i‑a) of the Hindu Marriage Act, 1955. During the pendency of the appeal, the parties executed Consent Terms converting the earlier decree into a mutual‑consent divorce under Section 13B. The husband agreed to pay Rs. 6,00,000 as full and final settlement covering maintenance, alimony, and other claims, and to furnish a post‑dated cheque within 48 hours. The Court examined the consent, confirmed that both parties understood and accepted the terms, and conditioned the decree on compliance with the payment. It declared the marriage dissolved by mutual consent and ordered a decree under Section 13B, while noting that any non‑compliance would revive the appeal. Consequently, the appeal was disposed in accordance with the Consent Terms.

Issues considered

Whether a decree granted under Section 13(1)(i‑a) can be converted into a decree by mutual consent under Section 13B upon execution of consent terms.
Whether the consent terms, including the settlement payment, are sufficient to constitute a valid mutual‑consent divorce.

Legislation cited

Hindu Marriage Act, 1955 — s. 13(1)(i-a), 13B

Subjects

mutual consent divorce
Section 13B
Family Court appeal
settlement agreement
maintenance
alimony
post‑dated cheque
decree conversion

Judgment

Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.09.02
15:21:39
+0530
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
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

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