: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.199 OF 2008 Uttam R. Pawar ....Appellant V/s. Mrs.Mansi U. Pawar ....Respondent Mr.Mohan Pillai for the Appellant. Mrs.Anjali Waghmare for the Respondent. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATED : 24TH APRIL, 2009. P.C. : 1. This appeal arises from the judgment and order dated 28.1.2008 rendered by the Family Court at Mumbai thereby dismissing the Petition No.A-1180 of 2004 filed by the Appellant - husband seeking divorce on the ground of cruelty. 2. As noted in our earlier orders, the parties were negotiating on a mutual settlement and the settlement was arrived at as noted in our order dated 9.1.2009. As per the said settlement, the Appellant has paid a sum of Rs.3,00,000/- by way of permanent alimony and both the parties filed a joint application for amendment of Petition No.A-1180 of 2004 so as to convert into a Petition under Section 13-B of the : 2 : Hindu Marriage Act, 1955, for divorce by consent. By a separate order, the said application has been allowed by us. 3. Both the parties are present before us and the Respondent has acknowledged to have received a sum of Rs.3,00,000/- as was given to her by the Appellant. She also stated that the settlement so as to seek divorce by consent is by her own free will and without any force or coercion. We are satisfied that the settlement between the parties is bona-fide and in the interest of both on them, more so when both the parties agreed that the marriage between them has reached a deadend. 4. On the issue of the custody of two minor children (twins), it is agreed that their custody shall remain with the father and the mother will have access to meet the children initially once in two weeks (on second and fourth Sunday). The Appellant has agreed that both the children will be taken to Mahila Dakshata Samiti, Dadar (West), Near Kabutarkhana on every second and fourth Sunday at 10.00 a.m. and they will be left there in the company of the Respondent - mother till 5.00 p.m. The Appellant or any of this family members will collect the minor children from Mahila Dakshata Samiti : 3 : premises at 5.00 p.m. This arrangement shall continue to operate initially for about two months and if a proper rapport develops between the mother and the children, the children could be reached to her house every alternate week and preferably on Sunday. She will give here permanent address to the Appellant after two months. Thus the place of access shall be shifted from Mahila Dakshata Samiti, Dadar (West) to the house of the Respondent after June, 2009. 5. Hence, we allow this Appeal. The marriage solemnized between the parties on 20.2.1998 hereby stands dissolved by consent of the parties under Section 13-B of the Hindu Marriage Act, 1955. We direct that a decree of divorce under Section 13-B of the Hindu Marriage Act, 1955 be issued forthwith. So far as the access to the minor children is concerned, the mother will have access on every second and fourth Sunday initially at Mahila Dakshata Samiti, Dadar (West) and subsequently at her residence, as noted hereinabove between 10.00 a.m. to 5.00 p.m. 6. The parties to bear their own costs. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)