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Bombay High Court

Kshitija Shashank KusalkarversusShashank Arvind Kusalkar

Disposal
Disposed Off

Holding

The appeal and all interim applications were disposed of in accordance with the parties' mutually agreed Consent Terms.

Summary

In a family court appeal (No. 95 of 2025) concerning the matrimonial dispute between Kshitija Shashank Kusalkar (wife) and Shashank Arvind Kusalkar (husband), the parties submitted a mutually agreed Consent Terms on 24 August 2026. The terms stipulated that the wife would return 14 tolas of gold to the husband and the husband would return approximately 4 tolas of gold to the wife, with the exchange to occur on 28 August 2026 before the Family Court at Pune. Additionally, the husband agreed to pay Rs.30,00,000 to the wife as full and final settlement of maintenance, to be effected by demand draft before 11 September 2026. Both counsels affirmed that the signatures on the Consent Terms were authentic, and the High Court accepted the terms as binding undertakings. Consequently, the court disposed of the appeal and all interim applications in accordance with the Consent Terms, directing compliance by 16 September 2026.

Subjects

  • family law
  • consent decree
  • maintenance settlement
  • property division
  • divorce proceedings

Judgment

                                                                              26-IA-11394-2025 (C).doc




                                   IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                            CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION
                                         FAMILY COURT APPEAL NO. 95 OF 2025
                                                        WITH
                                       INTERIM APPLICATION NO. 11394 OF 2025
                                                         IN
                                         FAMILY COURT APPEAL NO. 95 OF 2025

                      Kshitija Shashank Kusalkar                    ..… Appellant/Applicant
                            VERSUS
                      Shashank Arvind Kusalkar                      ..… Respondent
                                                         ...
                      Mr. Sameer Sanjay Kadam, Advocate for Applicant/Appellant.
                      Mr. S. P. Madewad, Advocate for Respondent.
                      Kshitija Shashank Kusalkar, Appellant present.
                      Shashank Arvind Kusalkar, Respondent present.
                                                         …
                                                     CORAM : RAJESH S. PATIL AND
                                                                ABHAY J. MANTRI, JJ.
                                                     DATE : 24 AUGUST 2026.

                      P. C. :

                      1.        Family Court Appeal No. 95 of 2025 is not on board. Taken on

                      board.

                      2.        Both the learned Counsels have tendered the Consent Terms

                      dated 24 August, 2026. They submit that the said Consent Terms have

                      been signed by their respective clients, who are present in the Court.

                      They identify the signatures of their respective clients on the Consent
TALLE
SHUBHAM
ASHOKRAO              Terms. They further state that they have also signed the said Consent
Digitally signed by
TALLE SHUBHAM
ASHOKRAO
Date: 2026.08.25
17:36:18 +0530




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                                                      26-IA-11394-2025 (C).doc




Terms. The Consent Terms are taken on record and marked as ‘X’ for

identification.

3.        For ease of reference a scan copy of the Consent Terms is

reproduced hereinbelow :




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              26-IA-11394-2025 (C).doc




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                                                           26-IA-11394-2025 (C).doc




4.        All the submissions made in the consent terms are accepted as

undertaking given to this Court. All undertakings are also accepted.

5.        Family Court Appeal No. 95 of 2025 stands disposed of in terms

of the Consent Terms. In sequel, all the Interim Applications stand

disposed of.

6.        The Report of the Officer on Special Duty, High Court of Bombay,

Circuit Bench at Kolhapur, dated 24 August, 2026, wherein he has

identified the signatures on the Consent Terms, is also taken on record

and marked as ‘X-1’ for identification.

7.        As mentioned in paragraph No. 2 of the Consent Terms dated 24

August, 2026, the Applicant-Wife shall return 14 Tolas (140 grams) of

gold to the Respondent-Husband, and the Respondent-Husband shall

return/hand over approximately 4 Tolas (40 grams) of gold to the

Applicant-Wife. The exchange of the aforesaid gold shall be effected on

28 August, 2026, before the Family Court at Pune in the divorce

proceedings being Petition A No. 978 of 2023.

8.        Thereafter, the Respondent-Husband shall pay a sum of

Rs.30,00,000/- (Rupees Thirty Lakhs only) to the Applicant-Wife

towards full and final settlement of the maintenance amount, on or



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before 11 September, 2026. The Applicant-Wife has agreed that the said

amount shall be paid by way of a Demand Draft drawn in her name.

9.        Let this matter to come up under the caption for compliance on

16 September 2026.

10.       All concerned to act on authenticated copy of this order.




          (ABHAY J. MANTRI, J.)                    (RAJESH S. PATIL, J.)




Shubham                               5


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