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2025 Supreme(Online)(Bom) 248701

HIGH COURT OF BOMBAY
HON'BLE JUSTICE R.P. MOHITE-DEREHON'BLE SHRI JUSTICE SANDESH DADASAHEB PATIL
MR. SANDEEP KUMAR – Appellant
Versus
MRS.SWATI SANDEEP KUMAR MAIDEN NAME SWATI SAHAY – Respondent
FCA/34/2025



2025:BHC-AS:53105-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 34 OF 2025 Mr. Sandeep Kumar ) Age : 49 years, Occ.: Service ) R/AT:307, Nightingale B, ) Raheja Woods, Next to WeWork, ) Kalyaninagar, Pune City, )

Pune – 411 006 Maharashtra ) …Appellant Versus Mrs. Swati Sandeep Kumar ) Maiden Name : Swati Sahay, ) Age : 45 years, Occ.: Service, ) R/AT:C/O Mr. Tripura nand Sahay ) Shiv Shakti Bhawan, ) Near Mission Hospital, ) Vikasnagar, Road No. 8A, )

RANCHI 834 003 (Jharkhand) ) …Respondent ------

Mr. Vivek Tambe a/w Mr. Amol Muley for the Appellant.

Mr. H. D. Chavan i/b Mr. M. D. Ramteke for the Respondent.

------

CORAM : REVATI MOHITE DERE &

SANDESH D. PATIL, JJ.

DATE : 28 th NOVEMBER, 2025 Judgment (Per Sandesh D. Patil, J.):

1) Heard learned Counsel for the parties.

2) Rule. Rule is made returnable forthwith, with consent of both the parties and the present Family Court Appeal is taken up for final disposal.

3) Mr. H. D. Chavan, learned Counsel for the Respondent waives service on behalf of the Respondent.

4) The present Family Court Appeal was filed by the Appellant- Husband, being aggrieved and dissatisfied with the Judgement-decree and Order dated 22/11/2024 passed by the learned Judge, Family Court No.3, Pune, whereby the Marriage Petition No. A-571 of 2022 filed by the Appellant-Husband under the provisions of Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 was dismissed.

5) The marriage between the parties was solemnized on 31/05/2004 at Giridih, Jharkhand. Out of the said wedlock, parties have a daughter- Samridhi, born on 01.01.2006, (Now a major).

6) The Appellant- Husband had filed the marriage Petition No. A-571 of 2022 before the learned Judge, Family Court No.3, Pune on the ground of cruelty and desertion.

7) The Respondent-Wife appeared in this matter. The matter was kept in the chamber in order to explore possibility of amicable settlement of the matter. sDuring the course of interaction in the chamber, the parties reached a consensus and accordingly, consent terms were entered into between the parties and Daughter- Ms. Samridhi.

8) The consent terms dated 28/11/2025 entered between the parties and Daughter- Ms. Samridhi, are marked as Exhibit ‘X’ for identification. The said consent terms are reproduced as under:

“CONSENT TERMS

1. These Consent Terms are jointly submitted by the Appellant/Husband, the Respondent/Wife, and their daughter Ms. Samridhi Sahay, aged around 20 years, pursuing a 5 Year Law Course at Bennett University, Greater Noida, in furtherance of the Order dated 18th November 2025 passed by this Hon'ble Court in Chambers, whereby the matter was kept for exploring settlement and stood adjourned to 20th November 2025 at 3.00 p.m. for perusal of the mutually agreed upon Consent Terms by the Hon'ble Court.

2. The parties were married in the year 2004.

One daughter, Ms. Samridhi Sahay, was born from the said wedlock on 01.01.2006. Owing to irreconcilable differences and long- standing separation of around 15 years, both parties have voluntarily and consciously decided to dissolve their marriage by mutual consent under Section 13 B of the Hindu Marriage Act, 1955.

3. The Appellant / Husband agrees to provide a total sum of 20,00,000/- (Rupees Twenty Lakhs only) exclusively towards the higher education of the daughter, which includes the fees for the Law Course, books, and other academic necessities. The indicative annual expenditure being approximately 4.5 lakhs, the total remaining cost is estimated between

18-20 lakhs.

(a) A sum of 5,00,000/- (Rupees Five Lakhs only) shall be transferred by RTGS/NEFT to the daughter's bank account within 48 hours of signing these Consent Terms by the Appellant.

(b) The balance sum of ₹15,00,000/-

(Rupees Fifteen Lakhs only) shall be invested on or before 30.11.2025 in six (6) Fixed Deposits of 2,50,000/- each, in the daughter's sole name, with any Nationalized or Scheduled Bank as per mutual understanding between th

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