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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.




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               29-FCA-22-2022 (C).doc




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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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