1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.13 OF 2003 WITH CIVIL APPLICATION NO.25 OF 2002 AND REVISION APPLICATION NO.667 OF 2001 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Ms.Manjiri S.Parasnis i/b G.S.Godbole for the appellant. Mr.R.T.Lalwani for the respondent. CORAM : D.B.BHOSALE AND R.Y.GANOO, JJ. DATED : 16/02/2010 PC: 1. Learned counsel for the parties state that the parties have amicably settled all the disputes and they have tendered consent terms duly signed by the parties and their respective advocates on record. The consent terms are taken on record and marked “X” for identification. 2. The parties are present in the court and they state that they have gone through the consent terms. S 2 3. In the consent terms, the parties have prayed for setting aside the decree dated 28.12.2001 passed by the Family Court in Petition No.A-1469/1997. They have further prayed for allowing them to convert the said petition into a petition for divorce by mutual consent. The impugned judgment and decree is accordingly set aside and the Petition No.A-1469 of 1997 is converted into a petition for divorce by mutual consent under section 13-B of Hindu Marriage Act, 1955. The marriage of the appellant and the respondent shall stand dissolved by a decree of divorce by mutual consent under section 13-B of the Hindu Marriage Act, 1955 on the parties complying with all the terms and conditions mentioned in the consent terms and more particularly paragraph 2, 4 and 4-A thereof. The respondent-husband, who is present in the court, states that he shall pay Rs.1,00,000/- by demand draft/pay order within a period of two weeks from today and shall pay the remaining amount within the time stipulated in the consent terms. His statement is accepted. 4. The statements made and the 3 undertakings given by the parties in the consent terms are accepted. The appeal and consequently the petition No.A-1469 of 1997 stand disposed of in terms of the consent terms. It is made clear that the decree of divorce shall operate only on complying with all the terms and conditions mentioned in the consent terms. Decree be drawn accordingly. Consequently, the civil application is also disposed of. REVISION APPLICATION NO.667/2001 Counsel for the petitioner states that in view of the disposal of the Family Court Appeal No.13 of 2003 in terms of the consent terms this revision application may be allowed to be withdrawn as provided for in paragraph 2 of the consent terms. The revision application, accordingly, stands disposed of as withdrawn. The order impugned in the revision application renders ineffective in view of the terms of the consent terms. (R.Y.GANOO, J.) (D.B.BHOSALE, J.)