1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.7723 OF 2009 Smt.Aparna Parag Sadhale ...Petitioner vs. Parag Prabhakar Sadhale ...Respondent Mr.vishal Kanade i/b Ms Jai Kanade for the petitioner Mr.Sandeep Bhagwat for the respondent CORAM :A.S.OKA,J. DATE : MAY 7, 2010 P.C.: 1 Today, this petition was ordered to be kept in chamber. However, the parties have come to the terms and have agreed to settle the dispute. Therefore, the petition is taken up in the open Court. 2 This petition arises out of the order passed by the trial Court in Marriage Petition no.199 of 2005 filed by the petitioner-wife against the respondent-husband seeking a decree of divorce under section 13(1) (ia) and section 13 (ib) of the Hindu Marriage Act,1955 (hereinafter referred to as the said Act). This Court issued notice on 24 th September 2009 for final disposal of this petition at the stage of admission. Thereafter, this Court directed the parties to personally remain present in this Court and from time to time, the petition was kept in chamber. With the assistance of the learned counsel for the parties, now a complete settlement has been worked out. It must be noted here that from time to time the parties were present in the chamber and even the minor daughter Ashwini was present 2 in the Chamber on one occasion. This Court had an opportunity to ascertain the views of the minor daughter. 3 Today, both the parties are present in the Court. They have tendered consent terms duly signed by them and their respective Advocates. The consent terms provide for overall settlement of all the pending disputes between the parties. The welfare of the daughter is taken care of by providing for expenditure on her education. There is a provision for visitation rights in favour of the respondent-husband till the daughter attains majority on 30 th September 2010. The parties appeared before this Court and stated that they have been residing separately for last more than 5 years and there is no possibility of any reconciliation. The parties have accepted the correctness of the statements made in the consent terms. 4 The parties have agreed to convert the pending petition no.199 of 2005 into one under section 13(B) of the said Act and to obtain a decree of divorce by mutual consent. The learned counsel for the petitioner and learned counsel for the respondent on instructions make a prayer to this Court that instead of driving the parties to the Trial Court, since there is an overall settlement between the parties, a decree for divorce be passed in this petition in exercise of powers under section 13 (B) of the said Act. 5 I find that both the parties are highly educated. I had an occasion to discuss the matter at length with both the parties in the chamber. After a detailed discussion in chamber, I am satisfied that the there is no possibility of reconciliation. The minor daughter who is on the verge of attaining majority, was frank enough 3 to express her opinion that it will not be possible for the petitioner and the respondent to continue matrimonial relationship due to differences between them. Now, there is a settlement between the parties and they have agreed to dissolve the marriage by a decree of divorce by mutual consent. Considering the status of the parties and the fact that they have been residing separately for sufficiently long time, the request made by the learned counsel for the parties deserves to be accepted. The welfare of the minor daughter has been sufficiently taken care of by the parties. There is no collusion between the parties and by their free will, they have agreed to settle the dispute. Instead of prolonging their agony, this is a fit case where a decree of divorce should be passed in the pending writ petition. The Petition for divorce in the trial Court is pending from the year 2005. The said petition will have to be converted into a petition under section 13(B) of the said Act. The conversion of the said petition will relate back to the date of institution of the said petition and the petition under section 13(B) shall be deemed to have been filed on the date on which the petition was filed in the year 2005 i.e. 31 st August 2005. 6 Before parting with this order, it must be noted that the learned counsel for the parties have made sincere efforts to bring about the settlement. Notwithstanding their personal differences, both the parties have taken a reasonable stand and brought about a settlement which will work in the interest of the minor daughter. 7 Hence, the petition is disposed of by passing the following order : 4 i) Marriage Petition no.199 of 2005 is hereby converted into a petition under section 13(B) of the Hindu Marriage Act,1955. The conversion will be relate back to the date of institution of the said petition. ii)The consent terms duly signed by the parties and their respective Advocates are taken on record and marked `X for identification. The statements made in the consent terms and the undertakings incorporated therein are accepted. iii)The marriage between the petitioner and the respondent is hereby dissolved by a decree of divorce under section 13(B) of the Hindu Marriage Act,1955. iv) In this Writ Petition, there will be an order in terms of the consent terms. v) On production of a certified copy of this order, the trial Court will permit the parties to carry out necessary amendment to the petition and the trial Court will pass a formal order disposing of the petition in terms of this order. A decree of divorce shall be drawn by the trial Court. vi)Writ of this order shall be issued expeditiously. It will be open for the parties to take the writ by hand. vii)There will be no order as to costs. JUDGE