: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.5 OF 2010 WITH CIVIL APPLICATION NO.211 OF 2009 Yogesh Ganpat Ohol .. Appellant V/s. Ashwini Yogesh Ohol .. Respondent ...... Mr. Ashish Gaikwad for appellant Mr. Sachin R. Pawar for respondent Both parties in person present in Court ......... CORAM : D. B. BHOSALE & R.Y.GANOO, JJ. FEBRUARY, 22nd 2010. P.C. : 1. Learned Counsel for the parties state that parties have resolved their all disputes and have tendered consent terms duly signed by the parties and their respective advocates on record. The consent terms are in English and since the parties do not understand English, we specifically asked the parties in the open Court whether they know the contents of the consent terms. Both said that their respective advocates have translated and : 2 : explained the consent terms to them in Marathi. We are satisfied that both the spouses have understood the consent terms. 2. The respondent-wife states that she has received the amount of maintenance mentioned in the consent terms and she is ready to handover custody of the child ‘Chaitannya’ to the the appellant-husband. She states that she will avail access of both the children as provided for in the consent terms. The appellant-husband undertakes to this Court that he shall allow the respondent-wife to take overnight access in the vacations, as provided for in the consent terms. In the vacations, though it is not mentioned in the consent terms, we direct the appellant husband to deliver both the children to the respondent-wife at her residence for 10 days starting from the date of delivery of the children, and then he shall collect the children from her residence, on completion of the period of 10 days. It is open to the parties to mutually increase the period of overnight access. The respondent-wife shall also have a right to meet her children on Saturday, Sunday or whenever she desires by visiting the residence of the appellant. 3. The impugned judgment and decree is set aside. The petition filed by the respondent-wife is converted into a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The marriage : 3 : of the appellant and the respondent is dissolved by a decree of divorce by mutual consent. 4. The consent terms are taken on record and marked as “X” for identification. The statement made and the undertakings given by the parties in the consent terms are accepted. The appeal is admitted and disposed of in terms of the consent terms. Civil Application No.211 of 2009 also stands disposed of. Decree be drawn accordingly. [R.Y.GANOO, J.] [D.B. BHOSALE, J.]