- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE FAMILY COURT APPEAL NO.19 OF 2006 Mrs Kavita Vijay Jindal ... Appellant vs Shri Vijay Jugmunda Jindal ..Respondent .. Mrs.Manjula Rao for Appellant Mrs.Anita Agarwal for Respondents. CORAM: P.B.MAJMUDAR AND R.V.MORE,JJ DATED: August 13, 2009 P.C.: 1. This appeal is preferred by the appellant-wife Mrs Kavita Jindal against her husband Vijay Jindal challenging the judgment and decree passed by the Family Court, Pune The Family Court has dismissed the petition filed by the appellant-wife for getting divorce on the ground of cruelty. Today, both the learned counsel appearing for the parties are present before the Court along with their respective clients. It is submitted that the appellant and the respondent have decided to get divorce by mutual consent as according to them, it is not possible for them to reside with each other. It is further submitted that since long both of them are staying separately. It is submitted that the original application of the appellant before the Family court may be treated as if the same is under section 13 (b) of the Hindu Marriage Act. It is pointed out that out of the - 2 - said wedlock there is a minor girl by name Ayushi who is at present residing with the respondent-husband. It is provided in the consent terms that custody of the child shall remain with the respondent-husband who is looking after the child since long and the appellant is provided for visitation rights. 2. The marriage between the appellant-wife and the respondent-husband is accordingly dissolved as per provisions of section 13 (b) of the Hindu Marriage Act. The appellant-wife to get Rs.2,50,000/- in full and final settlement towards maintainance claim as provided in clause 6 of the consent terms. The appellant-wife will have visitation right of the child as provided in clause 7 of the consent terms. The consent terms duly signed by both the parties along with their respective advocates is taken on record and marked X for the purpose of identification. The respondent-husband has already paid Rs.2,50,000/- to the appellant-wife. The appeal is accordingly disposed of in terms of the consent terms. The marriage between the appellant-wife and the respondent-husband is dissolved. The order of the Family Court, Pune is substituted by this order. R.V.More, J P.B.Majmudar, J - 3 -