1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 66 OF 2009 IN Family court APPEAL NO. 46 OF 2009 Bipin R. Singh ........applicant/appellant versus Mrs. Sunita Bipin Singh ........Respondent. Mr. Y.R. Shah adv. for the applicant/appellant. Ms. Rita K. Joshi adv. for the Respondent. CORAM: A.P. DESHPANDE AND SMT. R.P. SONDURBALDOTA, JJ. DATED : 26th April, 2010. P.C.: 1. The appellant in this Family Court Appeal had instituted a petition for divorce in the Family Court. The Family Court dismissed the petition and aggrieved thereby the present appeal came to be filed. During the pendency of the appeal, parties were referred to a mediator with a view to have the dispute resolved. Before the mediator, the parties have resolved the dispute and had agreed to have the marriage dissolved by a decree of divorce by mutual consent. Having so agreed, the appellant has moved an application for amendment of the memo of appeal seeking to 2 amend the petition by making a prayer for dissolution of marriage by a decree of divorce by mutual consent under sec. 13-B of the Hindu Marriage Act. The learned counsel for the respondent has no objection for allowing the application as parties have agreed for the divorce by mutual consent. Rather the respondent joints in the request made for allowing the amendment. Hence the amendment application is allowed. Amendment to be carried out forthwith. Application is disposed of. The Registry is directed to register the application which is tendered in the court just now. (A.P.DESHPANDE, J.) \ (R.P. SONDURBALDOTA, J.) 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 66 OF 2009 IN Family court APPEAL NO. 46 OF 2009 Bipin R. Singh ........applicant/appellant versus Mrs. Sunita Bipin Singh ........Respondent. Mr. Y.R. Shah adv. for the applicant/appellant. Ms. Rita K. Joshi adv. for the Respondent. CORAM: A.P. DESHPANDE AND SMT. R.P. SONDUR BALDOTA, JJ. DATED : 26th April, 2010. P.C.: 1. This Family Court Appeal is directed against the judgment and decree passed by the Family Court dismissing the petition filed by the appellant husband claiming divorce. During pendency of the appeal, parties were referred to a mediator and before the mediator parties had resolved the dispute amicably and agreed to have the marriage dissolved by a decree of divorce by mutual consent under sec. 13-B of the Act. Consent terms are placed on record whereunder the parties have withdrawn all the allegations made against each other and the appellant had agreed 4 to pay permanent alimony in the sum of Rs. 12,50,000/- towards full and final settlement of the claim of the wife and the minor daughter. Custody of the minor daughter is to be with the respondent mother. Parties are present in the court. They admitted the consent terms to be true and correct. The learned counsel for the respective parties make a joint prayer for disposal of the appeal in consent terms. The consent terms are taken on record and marked X for identification. Parties are staying separately since November 1999. 2. In that view of the matter the marriage between the appellant and the respondent stands dissolved by a decree of divorce by mutual consent. The consent terms shall substitute the judgment and decree passed by the trial court. 3. The learned counsel for the appellant informs that two pay orders for Rs.10,00,000/- and Rs.2,50,000/- are handed over to the counsel for the respondent which fact the learned counsel for the respondent admits. The appeal is thus allowed and disposed of. (A.P.DESHPANDE, J.) (R.P. SONDURBALDOTA, J.)