Bombay High Court
Ekta Amitkumar Singh Nee Ekta ... vs Amitkumar Jitendra Singh on 11 August, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2025:BHC-AS:34832-DB
1-ia-1415-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO. 40 OF 2025
WITH
INTERIM APPLICATION NO.1415 OF 2023
Amitkumar Jintendra Singh .....Appellant/Applicant
Vs.
Ekta Amitkumar Singh @
Ekta Suryapratap Singh .....Respondent
WITH
FAMILY COURT APPEAL (ST) NO.21308 OF 2024
Ekta Amitkumar Singh @
Ekta Suryapratap Singh .....Appellant
Vs.
Amitkumar Jintendra Singh .....Respondent
Mr. Satyaram R. Gaud, for the Appellant in FCA/40/2025, for the
Applicant in IA/1415/2023 and for Respondent in
FCAST/21308/2024.
Mr. Tarun Shrivastava, i/b. Karmarkar & Associates, for the Appellant
in FCAST/21308/2024 and for the Respondent in FCA/40/2025.
CORAM : REVATI MOHITE DERE &
DR. NEELA GOKHALE, JJ.
DATE : 11th August 2025
ORDER:
- (Per Dr. Neela Gokhale, J.)
1. Learned counsel for the Appellant and learned counsel for
the Respondent have amicably settled their dispute and have entered
into the Consent Terms. The said Consent Terms dated 11 th August
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2025 have been duly signed by the Appellant as well as the
Respondent along with their respective counsel. The said Consent
Terms are taken on record and marked 'X' for Identification. The
Consent Terms read as under:
"CONSENT TERMS :
THIS consent terms is made and entered into at Mumbai on this
16th day of July, 2025, by and between MR. AMITKUMAR
JITENDRA SINGH, Age: 40 Years, an Indian Inhabitant of
Mumbai, Residing at: D B Ozone, Flat No. 401, Building No. 23,
Near Thakur Mall, Mira Road, Dist.: Thane, hereinafter called the
"THE APPELLANT" of the ONE PART AND EKTA AMIT
SINGH, Age: 36 Years (Divorced from Amitkumar Jitendra Singh
as per divorce decree dated passed by Hon'ble Family Court,
Bandra, Mumbai (Maiden Name:Miss Ekta Suryapratap Singh),
Address: Room No. 8, Sawari Muthu Chawl, Sai Baba Road, Near
New English School, Jawahar Nagar, Khar (West), Mumbai-400
051 (current address can be amended if any), hereinafter called
"THE RESPONDENT" of the other part.
WHEREAS the parties hereto are Hindu and both were married
on 02/05/2014 at Sainandan, Khanda Colony, Khandeshwar, New
Panvel, New, Mumbai according to Hindu rites and custom and
same is an arranged marriage, further out of said wedlock there is
no any issue begotten.
AND WHEREAS it is further an admitted fact that both the
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parties are residing separately since 2014 itself i.e. since more than
10 years and eventually both the parties are now settled in their
respective personal life happy without any interference in each
other's life.
WHEREAS it is further an undisputed fact that Divorce Petition
filed by the Appellant before Family Court at Bandra, Mumbai is
decreed by granting decree of divorce subject to awarding per
month maintenance of Rs.15,000/- (Rupees Fifteen Thousand
Only) and also directing the Appellant to return the stridhan to
Respondent, however same is challenged by both the parties,
which is pending before this Hon'ble Court, without there being
passing any order on merit of the case.
WHEREAS, during the pendency of the present appeal and
counter appeal filed by the both parties before this Hon'ble Court,
with the valuable assistance and efforts put by Hon'ble Court and
so also Senior members of the respective family members,
moreover both the parties being well educated and mature
enough, having said that after giving a deep thought and
considering the fact that proceeding further in the litigations
would be nothing but a waste of time, and both of them have now
realized that their dispute may settle amicably.
WHEREAS, in view of above facts, both the party are now willing
to settle their long-standing matrimonial dispute, when admittedly
both the parties are already settled in their personal life and
leading their happy life, both have decided to settle their dispute
amicably upon certain terms and conditions.
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AND WHEREAS now both the parties have settled their disputes
amicably amongst themselves and both the parties hereby agreed
to sign and execute this consent terms, under following terms and
conditions, which is as follows:
1. That, Appellant (husband) shall pay a lum-sum amount of
Rs.8,00,000/- (Rupees Eight Lacs Only) in three installments
within a period of three months from the date of execution of
present consent terms, which even includes the arrears of
maintenance amount awarded by the Family Court in the present
impugned order till date, and there shall be no any additional
demand from the end of Respondent for such arrears of
maintenance and that this will be considered as a full and final one
time settlement, which even includes the claim of stridhan as well.
2. The above all payment shall be paid in form of Demand Draft
in the name of Respondent above-named, particularly, 'Ekta
Suryapratap Singh', and she shall be issuing necessary
acknowledgements receipt to the Appellant, by accepting such
amount, in form of DD, periodically.
3. It is further made it abundantly clear that upon making the
entire Rs.8,00,000/- (Rupees Eight Lacs Only) the claim and even
effect of the order of Hon'ble Family Court, Bandra, Mumbai in
connection with Stridhan (valuable ornaments and/or any kind of
stridhan) would become null and void, moreover particularly
Respondent after accepting the settlement amount of
Rs.8,00,000/- she shall not make any claim towards her any kind
of stridhan and she shall be waiving off her such claim, right and
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interest upon such stridhan, in another terms Appellant shall not
be liable to either give any stridhan (valuable ornaments) to the
Respondent, nor he shall be bound to comply with the order of
Hon'ble Family Court, in view of present settlement.
4. It is also material to point out that there are two more litigation
filed by the Respondent, the details of such litigations are as
below:
Sr. No. Nature of litigations Pending Before
1. FIR bearing C.R. No. 195 Same is pending before
of 2015 has been lodged 26th Court of Ld. JMFC
upon complaint of the at Borivali, Mumbai
Respondent wife against the bearing its C.C. No.
Appellant and his parents 823/PW/2016
with Dahisar Police Station
u/s 498(A), 406, 354(C),
323, 504, 506 of IPC
2. One private criminal Same is pending before of
complaint filed by the Ld. JMFC's 32nd Court at
Respondent of criminal Bandra, Mumbai bearing
defamation, bearing its C.C. its C.C. No.
No. 1863/SS/2016 1863/SS/2016
5. The schedule of payment shall be as follows:
Sr. No. Particulars Amount
1. At the time of filing of the present 2,50,000/-
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Consent Terms i.e. 04/08/2025
2. At the time of pronouncement of 2,50,000/-
quashing order in connection to the
said CR
3. At the time of pronouncement of 3,00,000/-
Order vide the above referred Appeals
6. In view of the above settlement terms, it is agreed and decided
by the Respondent wife that, she shall file her Affidavit in
support of the quashing Petition filed by the Appellant husband
and his family members vide C.C. No.823/PW/2016 arising
out of FIR bearing C.R. No. 195 of 2015, except for the said
criminal case.
7. It is agreed by and between both the parties that after
execution of present consent terms Respondent shall withdraw
her private complaint which is filed against the present
Appellant against all the accused, presently pending before Ld.
Judicial Magistrate First Class 32 nd Court at Bandra, Mumbai,
bearing C.C. No. 1863/SS/2016 for the offence under section
500, r/w 34 of IPC, by not pressing all the relief(s) and
withdrawing all her adverse allegations as sought/mentioned
in the both criminal complaint against filed against all the
Accused person therein. That, the Respondent wife shall
withdraw the said Defamation proceedings against all the
Accused person, with span of two weeks.
8. That, the Appellant husband shall speed up filing the Quashing
Petition and shall get it listed within span of two months of
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filing of the present consent terms.
9. That the Appellant hereby agrees and undertakes to pay a total
sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) on or before
16th October, 2025, to the Respondent towards full and final
settlement of all her present and future claims, rights, title,
interest and entitlements of any nature whatsoever arising out
of or in connection with the marriage, including but not
limited to her claim towards maintenance (past, present, and
future), permanent alimony, stridhan, right to residence, and
any other monetary or property rights that she may have or
claim against the Appellant under any law, including under the
Hindu Marriage Act, 1955, or any other applicable laws.
10. Upon receipt of the entire amount as mentioned above, the
Respondent shall have no further claim of any kind whatsoever
against the Appellant whether civil, criminal, monetary,
proprietary, or otherwise, arising out of the marital
relationship or any incident connected thereto. The both the
parties specifically agree and undertake to waive and relinquish
all their legal rights, including her past, present, and future
claim for maintenance, alimony, right of residence, or any
other spousal benefits that she may be entitled to under any
law and they shall not make any claim over the movable and/or
immovable property of the each other either in Mumbai and/or
properties at his native place in any circumstances.
11. The both the parties agree that they shall not initiate or pursue
any proceedings, complaints, or litigation against the Appellant
or any of his family members in respect of any matrimonial
disputes, maintenance, alimony, or any other spousal rights
after the payment of the total agreed amount.
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12. It is needless to mention that in view of this amicable
settlement, and upon compliance of the all terms as referred
above, both the parties voluntarily consent towards setting
aside of the impugned Judgment and Decree and the marriage
to be dissolved before this Hon'ble Court as per the conditions
laid herein.
13. That, the said CR, alleges about a video clip of the Respondent
wife withheld with the Appellant herein, whereby the
Appellant husband undertakes that, he has no such video clip
withheld with him and it would not be circulated anytime in
the future by any means.
14. It is not in dispute that nothing remains with both the parties
which requires to be returned/exchanged and further they do
not have any kind of claim whatsoever towards any return of
article from the each other and their respective family
members.
15. The both the parties hereby undertake and record their
consent that, after executing present consent terms they will
not file any civil/criminal and family court proceeding
litigation against the each other and/or his any of the family
members of whatsoever in nature and after executing present
consent terms Respondent wife waives all her right, title and
interest on maintenance, permanent alimony of except for the
terms mentioned herein. Moreover, both the parties, further
undertake that, they shall also not file any litigations under any
law/provisions seeking right, title and interest over the
movable and immovable properties of either present Appellant
and/or his parents and any of his ancestral properties of
whatsoever in nature under any circumstance, such terms shall
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be abiding upon her throughout her life, including post-
divorce stage and vice versa. Likewise, even the Appellant shall
not file any litigation either in the nature of civil and/or
criminal for any allegations and claim over the movable and
immovable properties of the party of the Respondent.
16. Both the parties further agree to the terms that none of the
parties would interfere into their respective personal life and
subsequent to signing of this consent terms and would be at
liberty to lead their respective lives as per their whims and
desire and none of the party including their family members
would interfere in personal life of each other, furthermore
none of the parties and/or their respective family members
would make any derogatory/defamatory remarks against each
other, neither their family members by making any story or
rumors either before the society/community member, at the
place of their vicinity, before any family members, relatives
and/or friend, by respecting the privacy and dignity of the both
the parties and their respective family members.
17. It is agreed that both the parties shall not post, comment and
tweet etc., against each other and/or their family/friends and/or
any post depicting their matrimonial relationship or any
material related to the subject matter of the said Divorce
Petition as well as the above referred Appeals on any social
media platform viz., Whatsapp, Facebook, Instagram, Twitter,
Telegram etc.
18. Both the parties agree and undertake that after passing the
decree of divorce by mutual consent they shall live their lives
independently as per their own choice and they further agree
that hereinafter they shall not interfere in each other's lives in
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any manner.
19. Both the parties agree and undertake that by agreeing for
divorce by mutual consent they are putting a final and
permanent end to their marriage and they further undertake
not to file any nature of civil or criminal
complaint/proceedings against each other now or in future
before any forum in India.
20. Agreed and declared by and between the PARTIES that the
parties agree and acknowledge that they have been represented
by independent legal counsel(s) in the negotiation of the
present Consent Terms, and that each of them has read and
fully understood the terms and conditions set out in the
present Consent Terms.
21. Agreed and declared by and between the parties that the
present Consent Terms constitutes the entire agreement of the
parties relating to the subject matter hereof and supersedes any
and all prior Terms/ MOUs/ agreement(s), understandings, or
arrangements, either oral or in writing, between the Appellants
with respect to the subject matter herein. Any oral
representations of modifications made before or after the
execution of the present Consent Terms will be of no force or
effect.
22. Agreed and declared by and between the both the parties that
if any provision of the present Consent Terms or its application
thereof to any person or circumstance shall be invalid or
unenforceable to any extent for any reason including by reason
of any applicable law, the remainder of the said Consent Terms
and the application of such provision to persons or
circumstances other than those as to which it is held invalid or
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unenforceable shall not be affected thereby, and each provision
of the present Consent Terms shall be valid and enforceable to
the fullest extent permitted by applicable law.
23. Both the parties hereby declare that there is no fraud, collusion
and coercion is applied between them and they have settled all
their matrimonial disputes and differences amicably on the
ground of mutual separation & consent divorce upon such
above terms and conditions.
24. The parties have executed the consent terms with free will and
desire and without any coercion or influence by anyone. This
consent terms have been prepared with their own consultation
and same is true and correct
25. It is further agreed by and between both the parties in specific
terms all the terms of present agreement shall be binding upon
each other and none of the party would infringe any of the
terms.
26. Agreed and declared by and between the parties that the
waiver by either of the parties of any breach of any provision
of the present Consent Terms by the other shall not invalidate
the said Terms or any provision of it, (including the provision
breached), subject to applicable law.
27. This consent terms have been executed by the parties hereto to
record the facts for any use hereafter by them and to avoid any
future disputes or litigation between them and that such
consent terms will be treated as part and parcel of the final
decree.
28. It is further agreed between both the parties in specific terms
that either of parties to the present consent agreement if at all
infringe any of the above condition(s) and/or act against the
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terms of present written agreement, then effect of present
agreement/consent terms would cease, and all such conditions
would render null and void.
29. This consent terms have been executed by the parties hereto to
record the facts for any use hereafter by them and to avoid any
future disputes or litigation between them.
30. That, the present Consent Terms is to be signed in seven
counterparts, viz., two copies to be tendered before this
Hon'ble Court, one copy for quashing petition, one copy for
withdrawal of private complaint filed by the Respondent and
remaining two for both the parties each.
Date: 11th August 2025.
Place: Mumbai"
2. Both the parties, i.e., the Appellant and the Respondent
are present in person. They undertake to comply with all the terms
and conditions set out in the Consent Terms and undertake to comply
their part of the undertaking. The said statements are accepted as an
undertaking to this Court.
3. In view of the aforesaid, nothing further survives in the
Appeals. The Appeals are disposed of in view of the Consent Terms.
The Judgment, Order and Decree dated 11 th August 2022 passed by
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the Family Court, Bandra, Mumbai in Petition-A No.1336 of 2015 is
quashed and set aside. The marriage between the parties solemnized
on 2nd May 2014 is hereby dissolved in terms of the Consent Terms
dated 11th August 2025. Decree be drawn accordingly.
4. Since the Appeals themselves are disposed of, nothing
survives in the Interim Application therein and the same is also
disposed of.
5. Since the schedule of payment is as under; Rs. 2,50,000/-
paid at the time of filing of the said Consent Terms; Rs.2,50,000/- at
the time of pronouncement of the order in connection with the CR
registered at the behest of Respondent-wife against the Appellant and
Rs.3,00,000/- after three months from today, list the matter for
'Reporting Compliance' on 2nd September 2025 to ensure deposit of
the balance amount.
6. All parties to act on an authenticated copy of this order.
(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.)
