1 F.A.691.06 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.691 OF 2006 [ Charushila @ Sonu Benjamin Joel Vs. Benjamin @ Boby S/o Lamuel Joel] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.S.G. Chapalgaonkar,Advocate for Applicant. Shri.S.A.Wakure,Advocate for Respondent. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 1st FEBRUARY, 2011. PER COURT : 1. This First Appeal is filed by the Appellant - Petitioner Wife challenging the Judgment and decree of dismissal of the petition, rendered by Ad-hoc Additional District Judge-1 Beed, on 20.03.2006, in Petition No.149 of 2003, Under Section 22 of the Indian Divorce Act. 2. Appellant Charushila @ Sonu W/o Benjamin Joel and respondent -Benjamin @ Bobby S/o Lamuel Joel are present before the Court and they have filed “Terms of 2 F.A.691.06 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Settlement”, which appear to have been signed by appellant herself and respondent. The Appellant and respondent admitted the contents of “Terms of Settlement” and their respective signature on it. The said “Terms of Settlement” appear to have been signed by their respective counsel, namely, Shri. S. G.Chapalgaonkar, and Shri. S. A. Wakure. Perused the said “Terms of Settlement”, which disclose that appellant filed petition for Judicial Separation under Section 22 of the Indian Divorce Act, 1869 before District Court Beed, but same was dismissed by Judgment and decree dated 20.03.2006. 3. Appellant has preferred present Appeal challenging the same. It is also stated that parties to the petition are living separately since the year 2003. They had short co-habitation after marriage and marriage between the parties is broken irretrievably and there are no chances of re-union. There is no issue out of their wedlock. Thereafter, this Court referred the matter for mediation and the parties arrived at amicable 3 F.A.691.06 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders settlement and placed on record ‘consent Terms’ and they have acted upon the said terms and signed the receipt dated 31.01.2011. 4. It is also stated that respondent herein admits the grounds mentioned in the Petition under section 22 of the aforesaid Act. He has no objection to pass the decree for judicial separation in the petition filed by the Appellant wife. Accordingly, both the parties pray to pass the decree in terms of prayer clauses set out in the petition No. 149 of 2003 filed by wife. Accordingly said “Terms of settlement” is taken on record and marked as document “X” for identification purpose. The Decree of Judicial Separation be drawn in terms of the said “Terms of Settlement” under section 22 of the Indian Divorce Act, 1869. The present Appeal stands disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK 4 F.A.691.06 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders