1 9010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 48 OF 2003 Nandkumar Dattatraya Barne ...Appellant V/s. Vandana Barne ...Respondent Mr. Mandar Limaye with Mr. S.M. Kelkar for the Appellant Mr. S.S. Kulkarni for the Respondent Both parties present CORAM: A.M. KHANWILKAR AND R.Y. GANOO, JJ. DATE: 28TH JUNE, 2011 P.C.:- The parties are present before us. They have decided to invite consent order of the Court on the following terms:- (a) The judgment and decree passed by the Family Court, Pune, in P.A. No. 34 of 1996 is quashed and set aside. Instead, the said petition is converted into petition for divorce by mutual consent under 2 9010 Section 13-B of the Hindu Marriage Act, 1955. Both the parties unconditionally withdraw all the allegations made against each other in the petition filed before the Family Court, or, for that matter, affidavits or applications filed in this Court against the impugned decree. (b) The marriage between the parties shall stand dissolved by mutual consent. (c) The parties further declare that the immovable property bearing Flat No. 5/75, situated at Parvaticharan Co-operative Housing Society, Lakshmi Nagar, Pune, although stands in the name of the respondent / wife, is jointly owned by both the parties, having contributed to the purchase thereof. Nevertheless, the appellant / husband undertakes not to disturb the possession of the respondent / wife presently enjoyed by her during her lifetime. In the event the respondent / wife intends to dispose of her share in the said flat, 3 9010 the husband will have right of preemption. Similarly, if the husband intends to sell half share in the said flat, the wife will have right of preemption. (d) The respondent / wife further declares that, after her demise, her share and interest in the above said flat shall absolutely vest in her son, Harish N. Barne, born out of the wedlock of the parties before the Court. (e) The respondent further declares that she will not claim any alimony or maintenance from the appellant / husband during her lifetime. (f) The appellant / husband declares that, since the marriage between the parties subsisted, during the pendency of this appeal, he has not entered into any marriage or live-in-relationship with any other woman. This declaration is placed on record. 4 9010 (g) The appellant / husband also declares that the flat bearing No. 3, Madhavi Apartments, S. No. 676, Hadapsar, Pune, which is purchased in his name in year 2004, after his demise, shall vest in his son, Harish N. Barne. The respondent / wife has admitted that she has no claim in respect of the above-said flat, owned and possessed by the appellant / husband. (h) The parties have agreed that all claims between the parties shall stand addressed by virtue of this arrangement fully and finally. 2. The parties are inviting decree in terms of the above arrangement. They shall file affidavit of declaration containing the above clauses within one week from today, on the basis of which, final order will be passed by this Court on the next date, i.e., 5 th July, 2011 . To be listed under caption ‘Settlement’. R.Y. GANOO, J. A.M. KHANWILKAR, J.