1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 188 of 2009 a/w. CIVIL APPLICATION NO.116 of 2010 Dayanand Bhagwat Kharbade .. Appellant Versus Vaishali Dayanand Kharbade ...Respondents Ms. Usha Patil i/b. Mayur Narendra & Co. for Appellant. Respondent present in person. CORAM:- A.M.KHANWILKAR & R.Y.GANOO, JJ. DATED:- 18th JULY, 2011. P.C. 1. The appellant and respondent are personally present in the court. The respondent wife has produced identification card issued by the Family Court Bar Association. 2. The Advocate for the appellant has identified the respondent wife on instructions of the appellant, who is present in the court. 3. The parties are present in the court. They have produced consent 2 terms and are inviting the court to dispose of the appeal on the basis of consent terms contained therein. Consent terms are taken on record and marked “X” for identification. It is agreed between the parties that the Petition No.A-501 of 2007 filed by the husband will be treated as one filed for dissolution of the marriage by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 and the marriage between the parties be dissolved by mutual consent under Section 13(B) of the Marriage Act. As agreed between the parties, the husband has withdrawn the allegations against the wife contained in the said petition and the petition is converted simplicitor as one filed for dissolution of marriage by mutual consent under Section 13(B) of the Act. It is noticed that the parties are leaving separately for quite some time. They have no intention to stay together any more, inspite of counselling. 4. Accordingly, in the interest of justice, the impugned judgment and decree is set aside by consent, and the Petition No.A-501 of 2007 filed by the husband is converted into petition under Section 13(B) of the Hindu Marriage Act and decree of divorce by mutual consent is passed on the basis of the arrangement recorded in the consent terms 3 dated 18.7.2011 which is signed by both the parties and the advocate for the appellant husband. 5. The appeal as well as the application is disposed of on the basis of the consent terms. 6. Pay Order for the amount referred to in the consent terms is handed over to the respondent wife in court. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)