abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 143 OF 2007 Neha Punit Dave .. Appellant V/s Punit Dave .. Respondent Ms.Purnima Bhatia for the appellant. Mr.Nitin Mulye for the respondent. CORAM : B.H. MARLAPALLE & D.G. KARNIK, JJ. DATE : 17TH MARCH 2009 P.C. P.C. P.C. : 1. This appeal filed under section 19 of the Family Courts Act, 1984 challenging the judgment and order rendered by the Family Court on 4th Junw 2007 thereby dismissing Petition No.A-1002 of 2004 filed by the appellant wife, came to be admitted on 24th September 2007. At the same time, the parties were granted liberty to move this Court in case they would settle the matrimonial disputes. During the pendency of the appeal, the parties continued their negotiations with the assistance of their respective counsel and they have - 2 - been successful in resolving the matrimonial disputes. The terms of settlement have been reduced in writing in the form of "Consent Terms" placed before us (marked as "X" for identification). 2. The parties have signed the Consent Terms today and they have agreed to dissole the marriage solemnised between them on 23rd March 2000 at Mumbai, by consent under section 13-B of the Hindu Marriage Act, 1955. We have noted earlier that it was the appellant wife who had approached the Family Court by filing Petition No.A-1002 of 2004 seeking divorce on the ground of cruelty and the said petition came to be dismissed. The parties have therefore submitted a joint application before us for seeking leave to amend Petition No.A-1002 of 2004 so as to convert it into a joint petition seeking divorce by consent within the meaning of section 13-B of the Hindu Marriage Act, 1955 and the said application has been allowed by us today. 3. The parties have been staying separately from May 2003 and there has been no cohabitation between them since then, as has been stated in the Consent Terms. Each one of them has agreed to withdraw the allegations made against each other and also furnish an undertaking that no claim for maintenance or alimony by one against the other shall be raised at any time. It is further - 3 - declared that they have exchanged all their ornaments and articles thereby leaving no claim of whatsoever nature against each other. The appellant wife has stated that her moher has executed an agreement to transfer flat No.502/A located in Malavni Sajjan Cooperative Housing Society Ltd. in the name of the respondent and as per the terms and conditions mentioned in the agreement dated 26th January 2009. 4. We are satisfied that the Consent Terms are in the interest and welfare of both the parties more so when they have declared before us that they have signed the Consent Terms before us voluntarily and without any pressure or coercion or influence of any third party or any other relation. We therefore accept the Consent Terms and note that each of the parties shall be bound by the said Consent Terms. 5. As prayed by both the parties, we hereby dissolve the marriage solemnised between them on 23rd March 2000 by their mutual consent and direct the Registry to issue a decree of divorce under section 13-B of the Hindu Marriage Act, 1955. 6. Appeal is disposed off in terms of the settlement between the parties. - 4 - (D.G. KARNIK, J.) (B.H. MARLAPALLE, J.)