AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.55 OF 2008 WITH CIVIL APPLICATION NO.73 OF 2008 Hamida Ajhar Shaikh. .... Appellant Vs. Ayub Ajhar Shaikh. .... Respondent Mr. Hakim Salim A.R. for the appellant. Mr. Vilas Tapkir for the respondent. CORAM : SMT. RANJANA DESAI & SMT. R.P. SONDURBALDOTA, JJ. DATED : 25TH JUNE, 2008. P.C.:- 1. The appellant had challenged in this family court appeal, judgment and order dated 29/1/2008 whereby the appellant-wife's petition for decree of divorce filed under section 3 of the Dissolution of Muslim Marriage Act, 1939 (for short, “the said Act”) was dismissed and the petition filed by the respondent-husband AJN 2 seeking decree for restitution of conjugal rights under section 29(3) of the Mohammedan Law was allowed. For sake of convenience, we shall refer to them as “the husband” and “the wife”. 2. Today, in our court, both the husband and the wife are present. Learned counsel for the husband and learned counsel for the wife on instructions from them have informed us that the husband and the wife have settled all their disputes amicably. They submitted that the husband has proposed to pronounce talaq and the wife has accepted the proposal at the same meeting without claiming any consideration and, therefore, this court may pass a decree of dissolution of marriage being Talaq-E-Mubaraat by setting aside the impugned order. The husband and the wife have confirmed that they have settled their disputes and the marriage is dissolved and the decree may be passed. Hence, we record the statement made by the husband that he had made a proposal to pronounce talaq and the statement made by the wife that she has accepted the proposal at the same meeting without claiming any consideration. We declare that the marriage between AJN 3 the husband and the wife has been dissolved by Talaq-E-Mubaraat under the Mohammedan Law. In the circumstances, the impugned judgment and decree is set aside and is substituted by the present order. Consent terms duly signed by the husband and the wife and their respective counsel are taken on record and marked “X”. Undertakings contained in the consent terms are accepted. Order in terms of the consent terms. Family court appeal as well as civil application are disposed of in terms of the consent terms. [SMT. RANJANA DESAI, J.] [SMT. R.P. SONDURBALDOTA, J.]