IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.626 OF 2007. APPEAL NO.626 OF 2007. APPEAL NO.626 OF 2007. Shri Roshan Patil ...Appellant Versus. Kamini Patil ...Respondent Ms Chitha Phadake for the Appellant. Respondent present in person. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 11th MARCH, 2008. : 11th MARCH, 2008. : 11th MARCH, 2008. P.C.: P.C.: P.C.: 1. Not on board. The papers of the appeal are produced at the instance of the advocate for the appellant as the appeal has not appeared on board though notice was made returnable today. 2. The advocate for the appellant states that the appellant and the respondent are present in the Court. The advocate for appellant has tendered on record the consent terms duly signed by the appellant and respondent as well as advocate for the appellant. The affidavit of the respondent is tendered on record. The advocate for appellant identifies the respondent who is personally present in the Court. The respondent accepts that what is stated in the consent terms and in her affidavit is true and correct. The respondent states that her father is also present in the Court alongwith her. She states that she has no objection if a decree of divorce is passed as per the consent terms. : 2 : 2 : 2 : 3. The consent terms are marked "X" and taken on record. The affidavit of the respondent is marked "Y" and taken on record. The advocate for the appellant states that even the appellant has accepted the correctness of the contents of the consent terms. The present Second Appeal arises out of a petition for divorce filed by the appellant-husband. 4. The petition was dismissed by the trial Court and the first Appellate Court has dismissed the appeal preferred by the appellant. 5. The consent terms disclose that the parties were married on 09th December, 2001 and from 30th March, 2002 they have been residing separately. There are no children born out of the marriage. The parties have agreed to withdraw all allegations made against each other. The parties have agreed that the petition filed by the appellant be converted into a petition for divorce under section 13B of the Hindu Marriage Act, 1955 and a decree of divorce be passed. 6. As parties are residing separately from 30th March, 2002, by setting aside the impugned judgments and decrees the Marriage Petition No.41 of 2003 can be converted into a petition under section 13B of the said : 3 : 3 : 3 : Act of 1955. In so far as clause 5 of the consent terms is concerned, the parties will have to file appropriate proceedings for getting the prosecution quashed. It is obvious that after the settlement is arrived at between the parties, the prosecution will become stale and no purpose will be served by continuing the said prosecution. 7. Hence, I pass the following order: (i) The impugned judgments and decrees are quashed and set aside and Marriage Petition No.41 of 2003 is restored. (ii) The Marriage Petition No.41 of 2003 is converted into a petition under section 13B of the Hindu Marriage Act, 1955. The amendment made to the petition will relate back to the date on which the petition was filed in view of what is stated in the consent terms and the affidavit of the respondent. The marriage between the appellant and respondent is dissolved by a decree of divorce under section 13B of the Hindu Marriage Act, 1955. (iii) The statements made in the consent terms by both the parties are accepted. The statements : 4 : 4 : 4 : made by the respondent in affidavit are also accepted. (iv) On the basis of the compromise it will be open for the parties to file appropriate proceedings for quashing the proceedings of Criminal Case No.95 of 2002 pending in the Court of the learned Judicial Magistrate First Class, Palghar, District Thane. (v) The learned Judicial Magistrate First Class will grant exemption to the appellant from personal appearance for a period of two months from today to enable the appellant to file appropriate proceedings for quashing the said criminal proceedings. (vi) There will be no orders as to costs. (vii) The parties and concerned Courts to act upon an authenticated copy of this order. Judge. Judge. Judge.