Bombay High Court
SANDEEP KHEMRAJ TODIversusNEHA SANDEEP TODI AND ANR
- Decided
- Disposal
- Disposed Off
Holding
In view of the Supreme Court’s judgment under Article 142 dissolving the marriage and quashing all pending proceedings, the High Court dismissed the family court appeals and the interim applications.
Summary
The High Court of Bombay considered three family court appeals filed by the husband, Sandeep Todi, seeking relief in matrimonial proceedings. The court noted that the Supreme Court, exercising its power under Article 142 of the Constitution, had already dissolved the marriage, settled custody, alimony, child support and ordered the closure of all pending civil, criminal and miscellaneous proceedings between the parties. The Supreme Court judgment, dated 07 April 2026, also directed that copies be forwarded to lower courts for implementation. Relying on this definitive order, the High Court held that there was no longer any dispute or pending matter requiring adjudication. Consequently, the High Court disposed of the three appeals and the associated interim applications. The decision underscores the binding effect of a Supreme Court decree under Article 142 on lower courts.
Issues considered
- Whether the family court appeals and pending interim applications should be dismissed in view of the Supreme Court’s judgment dissolving the marriage and quashing all related proceedings.
- Whether the Supreme Court’s direction under Article 142 extends to the closure of the pending family court proceedings.
Subjects
- divorce
- Article 142
- family court appeal
- interim application
- custody
- alimony
- quash of proceedings
Judgment
Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.08.07
18:33:28 1/3 7+8+9 FCA.97.2023.odt
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(SR. NO.7) FAMILY COURT APPEAL NO. 97 OF 2023
Sandeep Todi .. Appellant
Versus
Neha Todi .. Respondent
WITH
(SR.NO.8) FAMILY COURT APPEAL (St.) NO.31955 OF 2023
WITH
INTERIM APPLICATION NO. 849 OF 2024
WITH
INTERIM APPLICATION NO. 6089 OF 2026
Sandeep Khemraj Todi .. Appellant
Versus
Neha Sandeep Todi & Anr. .. Respondents
WITH
(SR.NO.9) FAMILY COURT APPEAL (St.) NO. 4380 OF 2024
WITH
INTERIM APPLICATION NO.6090 OF 2026
Sandeep Todi .. Appellant
Versus
Neha Todi .. Respondent
…
Mr. Sujit Lahoti a/w Tejasvi Hudtarkar Nakashe and Aditya
Sheth i/by Sujit Lahoti & Associates, for Respondent-wife in
FCA/97/2023, FCA(ST)/31955/2023 and FCA(ST)/4380/
2024.
…
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATED : 06th AUGUST, 2026
Rushikesh
2/3 7+8+9 FCA.97.2023.odt
P.C:-
1. None present for the Appellant.
2. Three Family Court Appeals Bled by the husband are
listed before us.
The learned counsel representing Respondent No. 1- wife
has placed before us a judgment passed by the Hon’ble Apex
Court on 07.04.2026. A copy of the said judgment is taken on
record and marked as “X” for identiBcation.
3. On perusal of the aforesaid judgment, it become evidently
clear that the matrimonial discord between the parties has
been put to rest by the exercise of the jurisdiction under
Article 142 of the Constitution of India. The Apex Court
directed that the marriage between the parties to be dissolved
and also quashed/closed all pending civil, criminal and
miscellaneous proceedings Bled by either party against each
other and/or relatives, including all FIRs, complaints, etc.
Similarly, all complaints Bled by the husband before the other
authorities also stand closed. The issue of custody of the
children is also decided, alongwith the amount settled towards
permanent alimony, maintenance, child support, litigation
expenses, etc.
In the wake of the aforesaid direction, the decree was
directed to be drawn accordingly, and the Appeal was disposed
of. In paragraph 65 of the said judgment, the Apex Court
directed that a copy of the judgment shall be forwarded by the
Registry of the Court to the concerned Courts/forums and,
therefore, in paragraph 31 of the Judgment, it is observed that
if there are some other cases inter se between the parties, in
Rushikesh
3/3 7+8+9 FCA.97.2023.odt
such situation the parties were granted liberty to produce the
judgment so that those proceedings shall also be closed
forthwith.
We have noted that the Family Court proceedings are not
mentioned in paragraph 31 of the judgment. However, in the
wake of the liberty granted in paragraph 65 by the Hon’ble
Apex Court Court, and since the judgment is placed before us
for our perusal, and the entire matrimonial discord between
the parties has been put to an end by the judgment dated
07.04.2026 passed by the Hon’ble Apex Court, we dispose of
the Appeals alongwith the pending Interim Applications.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
Rushikesh
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