1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FAMILY COURT APPEAL NO.2 OF 2010 Ajit s/o Kashinath Gedam, R/o-Sangita Colony, Aurangabad, Dist-Aurangabad. ...APPELLANT. VERSUS Jyoti w/o Ajit Gedam, R/o- C/o- Ramesh Bhalerao, House No.R-26, M-13/51, Mhada Colony, Aurangabad. ...RESPONDENTS. WITH FAMILY COURT APPEAL NO.18 OF 2010 Ajit s/o Kashinath Gedam, R/o-Sangita Colony, Aurangabad, Dist-Aurangabad. ...APPELLANT. VERSUS Jyoti w/o Ajit Gedam, R/o- C/o- Ramesh Bhalerao, House No.R-26, M-13/51, Mhada Colony, Aurangabad. ...RESPONDENTS. ... Shri. Kiran Nagarkar Advocate for Appellant. Shri. M.M. Bhokarikar Advocate for Respondent. ... 2 CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 27TH OCTOBER, 2010. PER COURT : 1. The Appellant Ajit Kashinath Gedam had filed Petition in the Family Court for decree of divorce under Section 13(1)(ia)(ib) of Hindu Marriage Act, 1955, in the year 2007 against Respondent Jyoti Gedam. Their marriage was solemnized on 25th December, 2002. By Judgment and order 9th October, 2009, the Judge, Family Court, Aurangabad dismissed the Petition No.A.112 of 2007. The Appellant therefore preferred the Family Court Appeal No.2 of 2010. 2. The Respondent herein Jyoti Gedam filed Petition under Section 9 of the Hindu Marriage Act,1955 being Petition No.A.201 of 2006, for restitution of conjugal rights, which came to be allowed by Judgment and Order dated 9th October 3 2009, by the Judge, Family Court, Aurangabad. The Appellant therefore, preferred the Family Court Appeal No.18 of 2010. 3. By order dated 15th October, 2010, we had referred these proceedings for the purposes of mediation. Accordingly, Shri. R.J. Godbole, learned counsel of this Court, was appointed as a Mediator. 4. The Mediator submitted report on 18th October, 2010, which is placed before us. The report is signed by the Mediator, the Appellant, the Respondent, their respective learned counsel, father of the Appellant and father of Respondent. 5. According to Mediator's report, the parties have agreed for getting a decree of divorce by mutual consent and had shown their willingness to withdraw civil and criminal cases pending against each other, on certain conditions. 4 6. The main conditions include that: A) The Appellant Ajit Kashinath Gedam would deposit an amount of Rs.5,00000/- (Rupees Five Lakh only) by way of demand draft in favour of Respondent Jyoti Gedam. B) The Appellant Ajit Kashinath Gedam would draw an insurance policy of L.I.C. by paying single premium of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only). C) The Appellant Ajit Kashinath Gedam had also agreed to pay arrears of maintenance amount of Rs.30,000/- (Rupees Thirty Thousand only) to Respondent Jyoti Gedam, by demand draft within one month. 7. The Appellant and Respondent are present in the Court along with their respective counsel. The parties have agreed to abide by the settlement reached in presence of the Mediator. 5 8. The learned counsel appearing for the parties have prayed for order of divorce by mutual consent. Shri. Bhokarikar, learned counsel for the Respondent, in support of his submissions, placed reliance on the following Judgments: i) Manjula vs. K.R. Mahesh, A.I.R. 2006 S.C. Page 2750, ii) Aparna Goyal vs. Rakesh Goyal, 2009(2) Bom. C.R. Page 52, iii) Order passed by the Division Bench of this Court (CORAM: A.P. DESHPANDE & N.D. DESHPANDE, JJ.) in Family Court Appeal No.26 of 2009, dated 12th March, 2010. 9. We have perused the Judgments cited before us. 10. Considering the facts of the case and the welfare of the child Anuja, who is six years old 6 as on today, we find that the settlement reached between the parties to pray for decree of divorce by mutual consent, would be in the interest of the parties and the child. The learned counsel for the respective parties, submit that this settlement is reached after long drawn deliberations earlier and even during the sittings with the Mediator. The learned counsel therefore, submit that in view of the facts of the case and in the interest of the parties, their life and career, the request made by the parties for divorce by mutual consent, be accepted. 11. Considering all the facets of the case, the Mediator's report, the Judgments cited before us; we are convinced that the parties can be permitted to file appropriate application before the Family Court in this regard and in accordance with the Mediator's report. 12. We direct that the proceedings filed before the Family Court numbered as Petition No. 7 A.112 of 2007 be converted as Petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. The Appellant Ajit Kashinath Gedam is entitled to deposit the amount agreed, furnish document in respect of L.I.C. Policy, in the Registry of the Family Court, within FOUR WEEKS from today. In case the Appellant Ajit Kashinath Gedam complies with the condition of deposit of amount and furnishing of L.I.C. documents, the Family Court would be entitled to proceed to pass decree of divorce by mutual consent. The period of six months as envisaged under Section 13-B of the Hindu Marriage Act, 1955 shall be counted from the date of presentation of the Petition No.A.112 of 2007 by the Family Court. The allegations made in the Petition No.A.112 of 2007 shall be treated as inconsequential in view of the fact that the divorce is sought by mutual consent. 13. In case the decree of divorce by mutual consent is passed, the Family Court is directed to 8 dispose of the Petition No.A.201 of 2006, filed by Respondent Jyoti Gedam under Section 9 of the Hindu Marriage Act, 1955, by quashing and setting aside the proceedings, as infructuous. 14. Both these matters are remanded back to the Family Court. Both the Appeals stand disposed of. 15. The Appellant Ajit Kashinath Gedam to deposit Rs.5,000/- (Rupees Five Thousand only) and Respondent Jyoti Gedam to deposit Rs.2,500/- (Rupees Two Thousand Five Hundred only) by Friday i.e. 29th October, 2010 in the Registry of this Court, towards mediation charges. The Registry shall issue cheque in the name of Mr. R.J. Godbole, learned counsel, for an amount of Rs. 7500/- (Rupees Seven Thousand Five Hundred only), forthwith, after the deposit of such amount by the Appellant and Respondent. . The certified copies of the Mediator's 9 report and our Order, if asked for, be expeditiously provided to the parties. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/OCT10/fca2.10