-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 177 OF 2008 FAMILY COURT APPEAL NO. 177 OF 2008 FAMILY COURT APPEAL NO. 177 OF 2008 WITH WITH WITH FAMILY COURT APPEAL NO.127 OF 2008 FAMILY COURT APPEAL NO.127 OF 2008 FAMILY COURT APPEAL NO.127 OF 2008 Smt. Rashmi Mandar Khare, .. Appellant. Vs Mandar Chandrashekhar Khare, .. Respondent. Mr N.P.Deshpande, for the appellant. Ms Kokila Karla for the respondent. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATE : 29/08/2008 DATE : 29/08/2008 DATE : 29/08/2008 PC: PC: PC: 1. Family Court Appeal No.127 of 2008 has been filed by the wife challenging the decree passed against her and directing to resume cohabitation with the husband. The decree has been passed by the Family Court, Pune on 30.11.2007 and thereby allowing Petition No.A-593 of 2006 filed by the husband. 2. It appears that during the pendency of this appeal the husband had filed an application for the custody of the minor son and the said application was allowed exparte by the Family Court by its order dated 30.6.2008 and the said order is under challenge in F.C.A.No.177 of 2008 which had been filed by the wife. -2- 3. During the pendency of the appeal filed by the wife, these spouses, with the assistance of their learned advocates, continued their efforts for settlement of the matrimonial dispute and they have been successful in the same. They have arrived at a settlement in which they have agreed to dissolve the marriage and obtain a decree of divorce by consent under section 13-B of the Hindu Marriage Act,1955. Civil Application No.259 of 2008 has been filed by the husband to amend Petition No.A-593 of 2006 filed by him in the Family Court so as to pray for a decree of divorce by consent. 4. Both the spouses are present before us and the settlement terms signed by them in the form of Consent Terms are placed before us. The Consent Terms are marked as "X" for identification. In the settlement, the parties have also provided for the custody and access of their minor son Mayank. The wife has given up her claim for maintenance as she is in employment but in view of this claim she asked for some amount to be deposited by the husband by an account payee cheque in the son’s name and accordingly the husband has agreed to deposit an amount of Rs.2500/- per month in the said account for which the wife will be shown as guardian. The parties have stated that the settlement terms have been understood by them and the -3- settlement has been made voluntarily and will be binding on each of them. We accept the said settlement. 5. Civil Application No.259 of 2008 is allowed. Appeal Memo be amended accordingly forthwith. . We hereby dispose of the Appeals in terms of the Consent Terms and direct the Registry to issue a decree of divorce by consent under section 13-B of the Hindu Marriage Act, 1955 so as to dissolve the marriage that had taken place on 8.4.2001. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)