URVASHI DHANORKARversusAVINASH DHANORKAR

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KANCHAN                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VINOD
MAYEKAR
Digitally signed by
KANCHAN VINOD
MAYEKAR
                                        CIVIL APPELLATE JURISDICTION
Date: 2026.09.07
18:42:18 +0530


                                     INTERIM APPLICATION NO. 13287/2025
                                                     IN
                                MISCELLANEOUS CIVIL APPLICATION NO. 429/2022

                      URVASHI DHANORKAR                             ….. APPLICANT
                                                                (ORG. RESPONDENT)

                       IN THE MATTER OF

                      AVINASH DHANORKAR                               ….. APPLICANT
                          VS
                      URVASHI DHANORKAR                               ….. RESPONDENT

                      Senior Advocate Ms.Seema Sarnaik a/w. Adv. Shahan Kapadia,
                      Adv. Irfan Unwala for the Applicant.

                      Adv. Himanshu Nagarkar a/w. Adv. Kajal S. for the Respondent.

                      Adv. Suraj Kaushik for Dr. Kartik Rao.

                                                 CORAM : RAJESH S. PATIL, J.

                                               RESERVED ON   : 27 AUGUST, 2026
                                               PRONOUNCED ON : 7 SEPTEMBER 2026
                      P.C. :-


                      1.            This interim application has been filed in a disposed

                      of MCA, seeking to recall the consent terms dated 13 October

                      2025, an order passed thereon.
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2.        The MCA was filed by the husband seeking transfer of

DV proceedings filed by the wife before the Metropolitan

Magistrate at Andheri, Mumbai, to Family Court at Bandra,

Mumbai.

3.        The MCA was filed by the husband in the year 2022

and thereafter earlier Bench took efforts so as to resolve the

matrimonial dispute between the parties amicably, as there are

three sons born out of the marriage of the applicant with the

respondent. The eldest son aged 22 years, the second son aged

20 years, and the youngest son aged 15 years.

4.        There are two flats in the joint name of the husband

and the wife, in the same building. The respondent husband is

residing in Flat No. 1401 along with the eldest and the second

son, and the applicant wife is staying in Flat No. 1101, in the

same building along with the youngest son, aged 15 years.

5.        After this matter came before me, there were

settlement talks between the parties, and ultimately the parties

entered into settlement by filing consent terms on 13th of

October, 2025, which were taken on record, duly signed by
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counsels of both the parties and by the parties themselves. The

parties were present when the consent terms were tendered

before the Court. As there were society maintenance charges and

municipal property tax pending, hence this Court in its order

dated 13 October 2025 recorded the issues of society charges

and property tax also and disposed of the MCA filed by the

respondent husband. The said order dated 13 October 2025

records as under:

      1)      Both learned counsel for the parties have tendered before this
      Court the consent terms dated 13 October 2025. The said consent
      terms are taken on record and marked ‘X’ for identification purpose.
      1.1) Both learned counsel have identified the presence of their
      respective client, and have also identified their signatures on the
      consent terms.
      1.2) The undertaking given in the consent terms are accepted by the
      Court. So also, the statements made in the consent terms are
      accepted as an undertaking given to this Court.
      2) For ease of reference, the scanned copy of the consent terms is
      reproduced herein below:-
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      3) As the applicant and respondent were engaged in the Court
      litigation, the society maintenance and the property tax
      pertaining to Flat No.F-1401 and Flat No. F-1101 remained
      outstanding. As per paragraph no.9 of the consent terms, the
      applicant – Mr. Avinash Dhanorkar has agreed to clear the
      outstanding society maintenance and the property tax
      pertaining to both the said flats. However, there is likelihood of
      interest being levied on the outstanding amount by the Royal
      Classic Co-operative Housing Society Ltd. situated at Link Road,
      Andheri, Mumbai.

      4) The Managing Committee of the Royal Classic Co-operative
      Housing Society Ltd. should consider the issue about waiving
      off the interest on the outstanding amount pertaining to Flat
      No.F-1401 and Flat No.F-1101. If such interest is waived off by
      the Managing Committee of the society, the same should be as a
      special case considering the on going Court proceedings
      between the parties and the same being put to quietus by this
      consent terms. This is a one-off, and should not be considered
      as an precedent for other flat owners who may or are in arrears
      of society charges and the property tax.

      5) Misc. Civil Application is disposed of in view of the consent
      terms.

      6) All parties to act on an authenticated copy of this order.



6.            Misc. Civil Application was disposed of in view of the

consent terms. As per the clauses of the consent terms, the respondent

husband was to retain Flat No. 1401, which is slightly a bigger flat in

size than Flat No. 1101. So also, the respondent husband undertook

to pay an amount of Rs. 20 Lakhs. The said payment of Rs. 20 Lakhs

was to be paid in two parts. The first tranche of Rs. 2,26,600/- was to

be paid by the husband to the school, being the pending school fees of
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the youngest son within a week. The said amount, I have been told,

has been paid by the respondent husband. The remaining amount of

Rs. 17,73,400/- was to be paid on or before 13 October 2026.

7.          The Advocate appearing for the respondent husband has

informed this Court that due to the filing of the present interim

application by wife for setting aside the consent terms, he has not

paid the said amount. However, the respondent husband is ready to

deposit the said amount.

8.          On 2 April 2026, I heard learned advocates for the

parties. So also, Advocate Kaushik on behalf of Dr. Rao.

9.          Thereafter Atharva, eldest son of the applicant and

respondent, requested this Court to allow him to speak in the present

proceedings.   The applicant (father) and the respondent (mother)

were told to leave the Court Room for some time. In their absence,

and in presence of both the counsel, Atharva, aged 22 years, narrated

his part of the events which happened in his family.

9.1.        Atharva who is a trainee pilot, in IndiGo Airlines has

mentioned to this Court that while he was studying in school, he had

once caught his mother talking on phone with somebody and the

conversation according to him was objectionable. Therefore, he
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objected his mother talking to that person, to which his mother hit

him black and blue.     On several times, his mother has physically

assaulted him and there are stitches on his body right from the head.

He also mentioned that his mother even threw chili powder in his

eyes. Infact he submitted that at one time he told his mother that he

will convince his father and brothers and they will be ready to forgive

everything but she has to make a choice between her family and the

person with whom she has an affair. She chose that person over the

family. The medicines which is being given to his youngest brother at

one time, the same medicine was given to him when he was in 10 th

standard.

9.2.         Because of this kind of behaviour of his mother, he was

socially boycotted in the housing colony and in the school.             His

mother used to abuse his friends and therefore the school where there

were only 22 students in his class, the parents of the other students

had told their sons not to interact with him. This event had a great

impact in his life.   Infact even his friends in the colony used to

question him whether he was biological son of his father, they used to

talk wrong things about his mother in the colony.

9.3         At the end he said that because such high doses of
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medicines which his mother is giving to his brother, he apprehends

that one day his beloved youngest brother would die. Before that he

mentioned that he is likely to go abroad to pursue his career as a

pilot. But even if he goes abroad, he will always be thinking about his

brother who is back home. He suffered great deal of physical and

mental trauma due to the behaviour of his mother.

9.4         There is so much violence which goes on in flat no.1101

where his mother is residing with his youngest brother that the

resident of the building have to call police. Even he had to call police

in order to check whether his youngest brother is safe because there

are multiple times his mother had assaulted even the youngest

brother.   He submitted that there is a need that even the mental

health of his mother needs to be checked.

9.5         By the interim application, the applicant wife has

submitted that she was physically unwell and mentally and

psychologically disturbed when the consent terms were executed on

13 October 2025. She has also further made allegations against her

then Advocate on record. She has further taken up a ground in the

present interim application that the consent terms were executed

without free, voluntarily or informed consent. It is further stated that
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the consent terms were signed under anxiety and confusion, without

adequate legal advice or reflection, rendering the process contrary to

the principle of fairness and informed consent. Hence, submitted that

the consent terms are one-sided and it will extinguish all her rights

and of her youngest son. Hence, she is seeking to recall the consent

terms and the order passed on the said consent terms.

10.          The events narrated by the eldest son of the parties, based

on evidence needs to be considered in relevant proceedings. The

matter was thereafter adjourned for further hearing of the Advocates

for the parties.

10.1.        To a query put by me as to which are those clauses in the

consent terms executed between the parties which according to the

applicant-wife are not in her favour.

10.2.        Mrs.Seema Sarnaik, learned Senior Advocate submitted

that clause (8) of the consent terms states that the flat no.1101 comes

to the applicant-wife and the loan encumbrance which is over that

flat will be transferred to the flat no.1401, which flat will be going to

the respondent husband along with two sons. There is a rider that

till the youngest son Eklavya turns 26 years of age or else gets

married, she will not be able to sell the said flat. Mrs.Sarnaik
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submitted that restrictive clause should not be there in the consent

terms due to which the applicant-wife will not be able to sell the said

flat if she wants to sell the flat and go to her native place at Amravati,

Maharashtra.

10.3.       The learned Senior Counsel appearing for the

applicant wife has further shown me the provisions of Section

13-B(2) of the Hindu Marriage Act. As per the said provision,

when the parties are applying for mutual divorce, the minimum

period required is six months, and the maximum period is 18

months. The learned Senior Counsel submitted that if there is

specific provision under the Hindu Marriage Act, then as far as

the consent terms which was entered into the present

proceeding, even the same can be modified or else completely

set aside if the parties realize the consent terms are not

benefiting them.

11.         Serious allegation has been made by Applicant-wife

of an advocate practicing in this Court who used to represent her

while filing the Consent Terms. The said Advocate has also filed

her affidavit in the present proceedings. In her affidavit, the
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earlier Advocate appearing for the applicant wife has denied the

allegations made against her by the applicant wife, and has

narrated the entire incident.

12.        To me it is surprise that the applicant-wife who

signed the consent terms which was exchanged between the

parties and after numerous dialogues between them and the

matter being placed in Court and been adjourned for few dates,

she feels now that clause (8) is not in her favour. An amount of

around Rs.17 to Rs.18 lacs is coming in her. A flat without

encumbrance would have come to her which would be in her

name and the name of her youngest son. She does not want the

name of the son in the said flat. This according to me smells

trouble in this proceedings.     In my view, presuming that the

clause of putting restriction on the flat not to be sold till the

youngest son turns 26, is deleted, it might work against the

youngest son Eklavya’s interest and if the flat remains entirely

without encumbrance in the name of the applicant-wife, she

might tomorrow sale the flat, and then the future of the

youngest son will be in dark.
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13.            Supreme Court in the judgment of Dhananjay Rathi

versus Ruchika Rathi –Criminal Appeal No. 1924/2026, while

considering a fact where the parties enter into a consent terms and

thereafter one of the party refuses to adhere to the clauses of the

consent terms, has made following observations in paragraph nos. 29

to 31, the same are reproduced herein below:

      29.       However, the Respondent-Wife refused to honour the terms of
      the Settlement Agreement and refused to sign the Second Motion
      Petition stating that she had withdrawn her consent from the divorce.
      Though it is well within the law, for any party, to withdraw consent at
      any stage before grant of divorce by mutual agreement, however, in
      case a compromise deed or a settlement agreement has been entered
      in between the parties regarding the full and final settlement of
      theirdisputes, then in that case it is not open for the party to step back
      from the terms and conditions so arrived between them.
      30. It is trite law that once the parties have entered into a settlement
      agreement which was duly authenticated by the mediator, in case of
      any resilement from such terms as agreed upon in the settlement, the
      resiling party must be encumbered with heavy costs. Any deviation
      from the terms of the settlement arrived in mediation and later
      confirmed by the Court should be dealt with strictly as such deviation
      harbors an attack to the foundational basis of the entire process of
      mediation. This Court in the case of Gimpex Private Limited v. Manoj
      Goel, reported as (2022) 11 SCC 705, while dealing with a
      compromise entered between the parties in case of cheque dishonour,
      held that the parties cannot be allowed to reverse the effect of a
      settlement agreement by pursuing either original or subsequent
      complaints. A three-Judge Bench of this Court therein emphasized
      that a settlement once entered and authenticated by a mediator
      subsumed the original complaint. The relevant portion of the said
      judgment is reproduced herein under:
             “41. When a complainant party enters into a compromise
             agreement with the accused, it may be for a multitude of
             reasons — higher compensation, faster recovery of money,
             uncertainty of trial and strength of the complaint, among
             others. A complainant enters into a settlement with open
             eyes and undertakes the risk of the accused failing to
             honour the cheques issued pursuant to the settlement,
             based on certain benefits that the settlement agreement
             postulates. Once parties have voluntarily entered into such
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            an agreement and agree to abide by the consequences of
            non-compliance of the settlement agreement, they cannot
            be allowed to reverse the effects of the agreement by
            pursuing both the original complaint and the subsequent
            complaint arising from such non-compliance. The
            settlement agreement subsumes the original complaint.
            Non-compliance of the terms of the settlement agreement
            or dishonour of cheques issued subsequent to it, would
            then give rise to a fresh cause of action attracting liability
            under Section 138 of the NI Act and other remedies under
            civil law and criminal law.


                                          XXX
            C.2. Liability arising from the settlement agreement

            49. Once a settlement agreement has been entered
            intobetween the parties, the parties are bound by the terms of
            the agreement and any violation of the same may result in
            consequential action in civil and criminal law.”
                                                        (Emphasis Supplied)

            31.       The exception to the above rule is that a party can
            resile from the Settlement Agreement arrived in the mediation
            proceedings is, if it successfully demonstrates that the said
            Settlement Agreement was procured by force, fraud or undue
            influence. The party can also resile from the Settlement
            Agreement on account of non-fulfillment of any of the
            conditions by the opposite party as set out in the Settlement
            Agreement
                                                    (Emphasis Supplied)

      14.             Considering the law as laid down by the

      Supreme Court in Dhananjay Rathi (supra) and the facts of

      the present case, wherein the applicant and respondent,

      who are parents of three sons, had arrived at a settlement

      wherein both will be getting one flat each. One flat being

      slightly bigger in size and since the respondent husband
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      would be staying with two of their sons, was to be given to

      him, and the slightly smaller flat in the same building

      would be going to the wife along with their third son, with

      a rider that the wife would not be able to sell the said flat

      till the son turns 26 years of age or gets married.

      15.         The applicant wife now seeking a modification

      and blaming her Advocate that she was ill-advised, and the

      fact that the respondent husband has performed one part of

      the consent terms and is ready to perform the remaining

      part of the consent terms, and the applicant wife now

      seeking a modification by removing the clause which puts a

      rider and protects the interest of the youngest son. It is also

      pertinent to note that the youngest son, Eklavya, from 10

      April 2026, is staying with the respondent father.

      16.         By the consent terms executed on 13 October

      2025, the security of the youngest son has been taken care

      of. However, by a revised consent terms, the applicant wife

      wants to remove that rider, thereby there will be no

      security to the youngest son. Hence, in my view, there is no
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      merits in the present interim application, the same needs to

      be dismissed. Admittedly, as per the consent terms, the

      initial amount of Rs. 2,26,600/- has been paid by the

      respondent husband. As far as balance amount is

      concerned, that is an amount of Rs. 17,73,400/-, the

      respondent husband, as per consent terms, was granted

      one year time, he is ready to pay the said amount.

      17.          In view of the above, Interim application is

      devoid of merits, hence stands rejected.

      18.          Before I part with this order, I would like to

      make certain observations which took place in front of me

      on 13 March 2026, when three prescription papers of

      medicine suggested by Dr. Kartik Rao to Eklavya was

      handed over. From the said medical papers, it seemed that

      Dr. Kartik Rao, on three different occasions, without

      physically   examining    the    youngest   son,     suggested

      medicines to him. Hence, Dr. Kartik Rao was directed to file

      his affidavit. Dr. Kartik Rao filed an affidavit before this

      Court on 26 March 2026. The Advocate for Dr. Kartik Rao
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      was also heard on 2 April 2026.

      19.         In my view, as far as the medicines suggested by

      Dr. Rao is concerned, considering the fact that he is a

      psychologist who has prescribed three times medicines to

      the youngest son, Eklavya Dhanorkar the Medical Council

      of Psychiatrics, would look into the said issue and after

      hearing Dr. Rao and any other concerned party, would take

      appropriate steps according to the rules. The affidavit of Dr.

      Rao dated 26 March 2026 be forwarded by Registrar

      Judicial-I to the said Committee of Medical Council of

      Psychiatrics.

                                         (RAJESH S. PATIL, J.)