1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Civil Application No. 521 of 2009 in First Appeal No. 263 of 2008 (Minesh Rambhau Parate .vs. Pratibha Minesh Parate ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. S.V. Sirpurkar, Advocate for Appellant. Mr. R. J. Mirza, Advocate for Respondent. .......... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : MARCH 04, 2009 Parties along with their respective counsel i.e. Mr. S.V. Sirpurkar, Advocate for the appellant and Mr. R. J. Mirza, Advocate for the respondent are present. The present appeal has been filed by the appellant challenging the judgment and decree passed by the Family Court , Nagpur in Petition No. A-502 of 2003 allowing the petition for restitution of conjugal rights filed by the respondent and dismissing the counter claim filed by the appellant seeking divorce. The parties have filed Civil Application No. 521 of 2009 under Order 23 Rule 3 of C.P.C. requesting this Court to grant divorce in terms of Section 13-B of 2 the Hindu Marriage Act. According to the parties who are present in the Court they have been residing separately since 2003 and they have mutually agreed to dissolve the marriage. The parties, therefore, seek divorce by mutual consent in terms of Section 13-B of the Hindu Marriage Act. In the application the terms and conditions subject to which the decree is to be granted have been stated and the parties who are present in the Court and duly identified by their respective counsel have stated that an amount of Rs.2,75,000/- is agreed to be paid by the appellant to the respondent and the same has already been paid. The parties stated that they have decided to dissolve the marriage by mutual consent and the consent terms have been filed without any undue influence or fraud. In view of above, the marriage solemnized between the appellant and the respondent on 30.5.2002 is dissolved by mutual consent. Civil Application No. 521 of 2009 as well as First Appeal No. 263 of 2008 are accordingly disposed of. Decree be drawn up accordingly. JUDGE JUDGE halwai 3