IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 868 OF 2009 MRS. RACHANA MOHITE ... Petitioner Versus MR. ANIL MOHITE @ ANIL B. G. RAO ... Respondent Ms. F. Mesquita, Advocate for the Petitioner. Ms. Priya V. Adpaiker, Advocate for the Respondent. Coram:- N. A. BRITTO, J. Date:- 20th April, 2010 P.C.: Heard Ms. Mesquita, the learned Counsel appearing on behalf of the petitioner and Ms. Adpaiker, learned Counsel appearing on behalf of the respondent. 2. The petitioner had filed a matrimonial petition on the ground of cruelty under Section 13(1)(i-a). Thereafter, both the parties filed an application on 23/06/2009, seeking leave of the Court to treat the said petition as a petition for the dissolution of their marriage by mutual consent in terms of Section 13-B of the Hindu Marriage Act, 1955 ('the Act', for short). This application was filed based on a judgment of this Court in the case of Urmila Shankar Varma V/s. Shankar Richpal Varma (2008 (2) Bom. C.R. 482). That application came to be rejected by the learned Civil Judge, Senior Division by order dated 3/10/2009. An application for review of the said order came to be rejected by another order dated 5/12/2009. Counsel on behalf of both parties state that along with their application dated 23/06/2009, for conversion of the petition under Section 13-B, they had filed the consent terms. Both Counsel submit that the statement in the impugned order dated 3/10/2009 that no consent terms were placed on record, is incorrect. The consent terms filed by the parties are annexed to the application for conversion dated 23/06/2009. In the light of the said application for conversion, the consent terms and what has been stated by this Court in the case of Urmila Shankar Varma V/s. Shankar Richpal Varma (supra), the learned trial Court ought to have allowed the application for conversion of the marriage petition as a petition for divorce by mutual consent. 3. Consequently, the petition is allowed. The impugned orders are hereby set aside and the application of the plaintiff dated 23/06/2009 is granted. The learned Civil Judge, Senior Division to proceed in accordance with law on the basis of the said application for conversion of the marriage petition under Section 13-B of the Act. 4. Petition disposed of on the above terms. Parties to appear before the learned trial Court on 27/04/2010 at 2.30 p.m. for further proceedings. N. A. BRITTO, J. NH