Bombay High Court
JITENDRA SHIHORI RAJBHARversusMANISHA JITENDRA RAJBHAR AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The decree of divorce by mutual consent is granted as the parties have mutually agreed to the settlement terms in compliance with Section 13B of the Hindu Marriage Act, 1955.
Summary
The appellant husband and respondent wife filed an appeal challenging a decree of divorce dated 2016. During the pendency of the appeal, both parties executed Consent Terms on 03/09/2026, agreeing to dissolve their marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The husband paid Rs.50,000 as full and final settlement, which the wife accepted, and the parties agreed that the minor children would remain in the wife's custody with visitation rights for the husband. The court verified the wife's consent and the terms of settlement, finding them compliant with statutory requirements. Consequently, the court ordered that a decree of divorce by mutual consent be drawn in accordance with the Consent Terms, thereby disposing of the appeal.
Issues considered
- Whether the decree of divorce by mutual consent can be granted based on the executed Consent Terms.
- Whether the settlement amount and custody arrangement satisfy the requirements of Section 13B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13B
Subjects
- divorce
- mutual consent
- settlement
- custody
- Hindu Marriage Act
Judgment
1/3 2 FCA-73-26.odt
Salgaonkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANDIRA MILIND Digitally signed by MANDIRA
MILIND SALGAONKAR
SALGAONKAR Date: 2026.09.03 18:23:14 +0530
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
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.)
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