1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Family Court Appeal No.130 of 2008 Shri Jayant Balraj Batula Appellant Vs. Sau. Ranjita Jayant Batula Respondent Ms.Iman K. Calcuttawala i/b. IKC Law & Associates for appellant. Mr.Sudhir S. Harikar for respondent. CORAM: B.H.MARLAPALLE & D.G.KARNIK,JJ. February 16, 2009. P.C. 1. This appeal under Section 19 of the Family Courts Act arises from the judgment and order rendered by the Family Court at Pune on 13/6/2006 rendered in Petition No.A-562 of 2005 by which the marriage between the parties has been dissolved under Section 13(1)(ia) of the Hindu Marriage Act, 1955. We are also informed that the wife succeeded in Petition 2 No.E-112 of 2006 for maintenance under Section 125 of Cr.P.C. and the said order is subject matter of Criminal Revision Application No.141 of 2008. 2. During the pendency of this appeal which was admitted on 30/4/2008, both the parties negotiated on an amicable settlement and with the assistance on their learned Advocates, they have been successful in the same. The settlement terms reduced in writing in the form of Consent Terms have been duly signed by both the parties along with their respective Advocates and placed before us. The Consent Terms are taken on record and marked as "X" for identification. 3. Both the spouses have agreed to come together for the welfare of their minor son Chaitanya and by consent set aside the decree of divorce granted on 13/6/2006 in Petition No.A-562 of 2005 granted by the Family Court. The husband has agreed to treat the respondent and the minor son with love and affection and both of them have agreed to perform their marital duties with each other with love, trust, respect and mutual understanding. They have also declared that none of them has any claim against the other in consequence to the order passed by the Family Court 3 which is a subject matter of challenge in this appeal or in Criminal Revision Application No.141 of 2008. 4. The parties are present before us and in addition the appellant’s father and the respondent’s mother are also present before us. The parties as well as their respective parents have informed us that the settlement between them has been of their own free will and without any coercion and that they will be bound by the terms of settlement. We are satisfied that it is in the interest of both the parties and their minor son Chaitanya that the matrimonial relationship is restored and the impugned decree of divorce is quashed and set aide as prayed for by both the parties jointly before us. 5. Hence this appeal succeeds and the same is hereby allowed. The impugned decree of divorce granted by the Family Court at Pune in Petition No.A-562 of 2005 is hereby quashed and set aside and the said decree is substituted by the Consent Terms. The amount of deposit, if any, remaining with the Registry of this Court is allowed to be withdrawn by the wife. 4 6. Parties are at liberty to apply before the learned Single Judge for disposal of the Criminal Revision Application by placing a copy of this order on record. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)