2025:BHC-AS:46456-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL (ST.) NO.6290 OF 2023 WITH INTERIM APPLICATION (ST.) NO.6292 of 2023 Smt. Asha Sanjay Dandekar @ ) Asha Vishwanath Kharat ) an Adult, Hindu, Indian Inhabitant, ) Aged about 48 years, Occ. Homemaker, ) Residing at -C/o. Nirmala Vishwanath ) Kharat, F-203, Rajput Apartment Park ) Avenue, Chakradhar Nagar, ) Nallasopara (West), ) Taluka-Vasai, Dist. - Palghar-401 203. ) And also at -007/B, Punam Palace, ) In front of Shani Mandir, Chheda Nagar, )

Nalasopara (West), Pincode-401 203. )…Appellant V/s.

Mr. Sanjay Shantaram Dandekar ) an Adult, Hindu, Indian Inhabitant, ) Age -51 Years, Occ. Business ) Residing at -C/o. Smt. Lata Shantaram ) Dandekar, G/13, Bhanshali S.R.A. Co-op. ) Hsg. Society Ltd., Vile Parle (East), )

Mumbai-400 057. )..Respondent -------

Ms. Hemangi D. Pathare for the Appellant.

Mr. Sanjay S. Dandekar, Respondent in-person.

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CORAM : REVATI MOHITE DERE &

SANDESH D. PATIL, JJ.

DATE : 1ST OCTOBER, 2025 Judgment : (Per Sandesh D. Patil, J.)

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

2. The Appellant-wife has filed the present Family Court Appeal challenging the Judgment-Decree and Order dated 14^th February 2022 passed by the learned Judge, Family Court, Bandra, Mumbai in Petition no. A-1810 of 2014, whereby the learned Judge, Family Court, Bandra, Mumbai had granted decree of divorce in favor of the Respondent-husband on the ground of cruelty under section 27(1)(d) of the Special Marriage Act, 1954.

3. The marriage between the parties was solemnized on 21^st February, 2013 at Bandra, Mumbai. The Respondent- husband had filed the marriage petition before the learned Judge, Family Court, Bandra, Mumbai, on the ground of cruelty under Section 27(1)(d) of the Special Marriage Act, 1954. The said Petition was numbered as A-1810 of 2014.

4. The Appellant-wife had contested the Petition and prayed for dismissal of the petition.

5. The learned Judge, Family Court, Bandra, Mumbai after hearing both the parties held that the Respondent- husband had proved that the Appellant-wife had treated the Respondent-husband with cruelty. The learned Judge, Family Court, Bandra, Mumbai for the reasons stated in the judgment and order dated 14^th February 2022, decreed the petition and dissolved the marriage by decree of divorce on the ground of cruelty as contemplated under section 27(1)(d) of the Special Marriage Act, 1954.

6. Being aggrieved and dissatisfied with the Judgment-

Decree and Order dated 14^th February 2022 passed by the learned Judge, Family Court, Bandra, Mumbai, the Appellant-wife has preferred the present Family Court Appeal.

7. This Court had issued notice to the Respondent-husband, pursuant to which the Respondent-husband had appeared before this Court. Both the parties informed the Court that they have amicably settled the matter and have filed consent terms. Both the parties have decided to bury the hatchet and lead a peaceful life. The parties have provided in the consent terms that the Judgment-Decree and Order dated 14^th February 2022 (impugned judgment and order) be quashed and set aside and the marriage between the parties be dissolved by mutual consent u/s 28 of the Special Marriage Act, 1954.

8. The Appellant-wife is identified by her Counsel. We have asked the learned A.P.P., who is present in the Court to verify the Aadhar Card of the Respondent-husband. The learned A.P.P. has identified the Respondent-husband through the Aadhar Card. The Appellant-wife has also identified the Respondent-husband.

9. The consent terms tendered by the parties are taken on record and marked as Exhibit ‘1’ for identification. We have asked both the parties who were present in the Court as to whether they have gone through the consent terms and whether the consent terms were signed by them out of their free will and understanding. Both the parties replied that they hav