Bombay High Court
MR. SHAILENDRA RAJENDRA KHUDEversusMRS. SAYALI SHAILENDRA KHUDE
- Disposal
- Disposed Off
Holding
The appeal is disposed of per the parties' Consent Terms, and the divorce decree is made absolute.
Summary
The appellant, Mr. Shailendra Rajendra Khude, appealed a divorce decree granted by the Family Court, Satara, dated 4 December 2021. Both parties submitted mutually agreed Consent Terms on 24 August 2026, which were recorded and marked for identification. The Consent Terms stipulated that the father would meet his minor son, Advik, once a month at a specified location without interference from the mother. The High Court disposed of the Family Court Appeal in accordance with these Consent Terms and made the earlier divorce decree absolute. Consequently, all interim applications filed in the appeal were also disposed.
Issues considered
- What is the effect of the parties' Consent Terms on the pending appeal and the divorce decree?
- Whether the visitation arrangement for the minor child is enforceable under the Consent Terms.
Subjects
- divorce
- family law
- child visitation
- consent decree
- appeal
- decree absolute
Judgment
29-FCA-22-2022 (C).doc
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO.22 OF 2022
WITH
INTERIM APPLICATION NO.1837 OF 2022
IN
FAMILY COURT APPEAL NO.22 OF 2022
Mr. Shailendra Rajendra Khude ] Appellant
VERSUS
Mrs. Sayali Shailendra Khude ] Respondent
…..
Mr. Pradeep D. Patil, Advocate for the Appellant.
Mr. Anant Vadgaonkar a/w Mr. Sagar Patil a/w Mr. H.M. Khupsare, for
Respondent.
Mr. Shailendra Rajendra Khude, Appellant in person is present.
Ms. Sayali Shailendra Khude, Respondent in person is present.
Digitally
signed by
SHAILAJA
…..
SHAILAJA SHRIKANT
SHRIKANT HALKUDE CORAM : RAJESH S. PATIL AND
HALKUDE Date:
2026.08.25
14:03:12
ABHAY J. MANTRI, JJ.
+0530
DATE : 24 AUGUST 2026.
P. C. :
1. Both the learned Counsel have tendered the Consent Terms
dated 24 August 2026. They submit that the Consent Terms have been
duly signed by them as well as by their respective clients. They further
submit that their respective clients are present in Court. The Consent
Terms dated 24 August 2026 are taken on record and marked as “X” for
identification.
Shailaja 1
29-FCA-22-2022 (C).doc
2. For ease of reference, a scanned copy of the Consent Terms is
reproduced hereinbelow.
Shailaja 2
29-FCA-22-2022 (C).doc
Shailaja 3
29-FCA-22-2022 (C).doc
Shailaja 4
29-FCA-22-2022 (C).doc
Shailaja 5
29-FCA-22-2022 (C).doc
3. The submission made in the Consent Terms are accepted as
Undertaking given to this Court. All undertakings given in the Consent
Terms are also accepted.
4. As regards Clauses 7 and 9 of the Consent Terms, both the learned
Counsel, on instructions of their respective clients, submit that it is
mutually agreed that the father shall be entitled to meet his minor son,
Advik, once every month at Phoenix Mall, Wakad, Pune, between 4.00
p.m. and 7.00 p.m. During such meeting between the father and the
minor son Advik, the Respondent-mother shall not create any
disturbance or interferece in the meeting.
5. The Family Court Appeal is disposed of in terms of the Consent
Terms dated 24 August 2026.
6. In view of the disposal of the Family Court Appeal, the decree of
divorce granted by the learned Family Court, Satara, dated 4th
December 2021, in Petition No.A 181 of 2021, is made absolute.
7. In sequel, all the Interim Applications stand disposed of.
[ABHAY J. MANTRI, J.] [RAJESH S. PATIL, J.]
Shailaja 6
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