Bombay High Court

ASAVARI AKSHAY MINDE MAIDEN NAME ROHINI DIGAMBAR JADHAVversusAKSHAY GOKUL MINE

Decided: 2 September 2026
Disposal: Disposed Off

Holding

The court held that the consent terms, reflecting the respondent's undertaking to withdraw the restitution petition, are a binding assurance, and therefore the miscellaneous civil application is disposed.

Summary

The applicant, Rohini Digambar Jadhav, filed a miscellaneous civil application seeking relief in connection with a petition for restitution of conjugal rights filed by the respondent, Akshay Gokul Mine. The parties underwent mediation, after which they executed consent terms indicating the respondent's commitment to withdraw his restitution petition. The consent terms and the mediator's report were placed on record and marked for identification. The court accepted the statements in the consent terms as a binding assurance and, finding no further issue to adjudicate, ordered the disposal of the miscellaneous civil application. Consequently, the application was dismissed in accordance with the parties' agreement.

Issues considered

Can a miscellaneous civil application be disposed of solely on the basis of a mediated consent term wherein the respondent undertakes to withdraw a petition for restitution of conjugal rights?
Do consent terms filed after mediation constitute a binding assurance to the court sufficient to terminate the pending application?

Subjects

mediation
consent terms
restitution of conjugal rights
withdrawal of petition
family law
miscellaneous civil application

Judgment

                                                       52-MCA-80-2026.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                     MISC.CIVIL APPLICATION NO. 80 OF 2026
Swapnil

          Asavari Akshay Minde Maiden
          Name Rohini Digambar Jadhav                     …Applicant
               Vs.
          Akshay Gokul Mine.                              …Respondent


          Mr. Darshan Patankar i/b. Mr. Yogesh D. for the applicant.
          Mr. Sachin Pawar i/b. Mr. Tejas Mane for the respondent.


                                  CORAM : GAURI GODSE, J.

                                  DATE :       2nd SEPTEMBER 2026

          ORDER :


          1.    Learned counsel for the respective parties submit that

          the mediation is successful and the parties have signed the

          consent terms before the learned mediator. The consent

          terms along with the mediator’s report is placed on record. In

          view of the consent terms, the respondent / husband has

          agreed to withdraw the petition filed for restitution of conjugal

          rights.


          2.    The consent terms submitted along with the mediator’s

          report are taken on record and marked as ‘X’ with today’s


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                                              52-MCA-80-2026.docx


date for identification.


3.    The consent terms records the statement of the

respondent’s husband that on the next date assigned before

the trial court, he would withdraw the petition for restitution of

conjugal rights.


4.    The statements recorded in the consent terms are

accepted as an assurance and undertaking to this court.


5.    In view of the consent terms, nothing further survives in

the miscellaneous civil application.


6.    The miscellaneous civil application, is therefore,

disposed of in terms of the consent terms.




                                           [GAURI GODSE, J.]




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