: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.93 OF 1993 SECOND APPEAL NO.93 OF 1993 SECOND APPEAL NO.93 OF 1993 WITH WITH WITH CIVIL APPLICATION NO.360 OF 2008 CIVIL APPLICATION NO.360 OF 2008 CIVIL APPLICATION NO.360 OF 2008 Bhausaheb Gopalrao Pawar ...Appellant V/s. Chandrakala Bhausaheb Pawar & Anr. ...Respondents Ms.Anita A. Agarwal, Advocate, for the Appellant. Mr.V.Z. Kankaria, Advocate, for Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 28TH MARCH, 2008. DATE : 28TH MARCH, 2008. DATE : 28TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Not on board. Taken on board. 2. The Advocates appearing for the parties have tendered the consent terms duly signed by the appellant and the 1st respondent. Advocates appearing for the parties state that the parties are personally present in the Court and they admit the correctness of the contents of the consent terms. 3. The consent terms record that a sum of Rs.2,00,000/- has been paid by the appellant to the 1st respondent. The parties have agreed to withdraw the allegations made against each other. By the : 2 : consent terms, the parties are seeking divorce by mutual consent in terms of section 13(B) of the Hindu Marriage Act, 1955. 4. The Second Appeal arises out of a petition for divorce filed by the appellant-husband under section 13(1)(ia) of the said Act of 1955. The petition for divorce was dismissed by the Trial Court. An Appeal was preferred by the appellant-husband which has been dismissed by the District Court. In view of the settlement between the parties, a decree deserves to be passed under section 13(B) of the said Act of 1955. The divorce petition was filed on 18th August, 1988 and atleast from that date, the parties are continuously residing separately till today. There is no collusion between the parties. 5. In view of the consent terms, the following order is passed:- "O R D E R" "O R D E R" "O R D E R" (a). The consent terms are marked "X" for identification and the same are taken on record. The statements made in the consent terms are accepted. : 3 : (b). The impugned Judgments and Decrees are quashed and set aside. (c). Hindu Marriage Petition No.273 of 1988 filed by the appellant is hereby converted into a petition for divorce under section 13(B) of the said Act of 1955. The amendment made to the said petition will be relate to the date of the institution of the said petition. (d). In view of what is stated in the consent terms, the marriage between the appellant and the 1st respondent is hereby dissolved by a decree of divorce under Section 13(B) of the Hindu Marriage Act, 1955. (e). There will be no orders as to costs. (f). Decree to be drawn in above terms. (g. In view of this order, Civil Application No.360 of 2008 does not survive and the same is disposed of. : 4 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]