Mutual consent for divorce under Hindu Marriage Act is acceptable when parties confirm irretrievable breakdown, allowing for the waiver of the statutory waiting period.

Judgment:

(Per Sandesh D. Patil, J.)

1. Heard learned Counsel for the parties.

2. Rule. Rule is made returnable forthwith and with the consent of the parties the matter is taken up for final disposal.

3. Mr. P. M. Arjunwadkar appearing for the Applicant/ Respondent waives notice on behalf of the Respondent.

4. The present Appeal is directed against the Judgement- Decree and Order dated 14.10.2016 passed by the learned Principal Judge, Family Court, Mumbai in Marriage Petition No. A–1053 of 2014, whereby the Marriage Petition filed by the Appellant-Husband against the Respondent-Wife under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 seeking for divorce on the ground of cruelty, was dismissed.

5. The marriage between the parties was solemnized on 11.03.2012 at Maharashtra High School No.2, Dadar (West), Mumbai.

6. This Family Court Appeal was admitted by this Court (Coram: K.K. Tated & B. P. Colabawalla, JJ.) vide Order dated 12.03.2018.

7. During the pendency of the present Appeal, the parties tried to explore the possibility of settlement. The matter was kept in chambers of chambers from time to time in order to enable the parties to amicably settle the matter.

8. Today, the parties have informed this Court that they have amicably settled the matter. The parties have tendered the Consent Terms dated 16.12.2025 and the same are taken on record and marked as ‘X’ for identification. The said Consent Terms are reproduced hereinbelow:

“CONSENT TERMS

1. The Appellant - Husband viz., Mr. Jitendra Ashok Patkar and Respondent - Wife viz., Mrs. Poonam Jitendra Patkar ("said parties") got married each other on 11.03.2012 as per Hindu rites and rituals. There is no issue born out of said wedlock.

2. After marriage several differences cropped up between the parties, which has resulted into filing of Marriage Petition No. A-1053 of 2014 by Appellant husband before Ld. Family Court Mumbai at Bandra under Section 13 (1)(ia) of The Hindu Marriage Act, 1955.

3. After hearing the parties, the Ld. Family Court was pleased to dismiss Marriage Petition No. A-1053 of 2014 vide its order dated 14.10.2016. The Appellant being aggrieved and dissatisfied with the order rejecting grant of divorce, had filed present Family Court Appeal No. 31 of 2017 before this Hon'ble Court. During pendency of the present Family Court Appeal No. 31 of 2017, the Appellant and Respondent realized that their marriage is irretrievably broken and there is no chance of reunion / reconciliation. It is therefore, a joint meeting of all concerned was held and parties have arrived at out of Court settlement on the following terms and conditions viz.,

i. Admittedly, the Appellant and Respondent are residing separately since long and all possible attempts for reconciliation between both the parties have failed. Moreover, the marriage between parties is broken irretrievably and there is no chance of reunion. It is therefore, the parties have decided to reside separately and snap the marital ties with each other forever. In the circumstances, it is therefore prayed to this Hon'ble Court that the parties be granted decree of divorce and marriage dated 11.03.2012 solemnized between Appellant and Respondent be dissolved by decree of divorce;

ii. In view of the above, the Appellant will pay an amount of Rs. 45,00,000/- (Rupees Forty Five Lakhs Only) ("said total amount") towards permanent alimony of Respondent;

iii. Out of the said total amount, the Appellant vide order dated 16.10.2025 passed by this Hon'ble Court has deposited an amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) in this Hon'ble Court and same has been withdrawn by the Respondent;

iv. The Appellant in view