1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 414 OF 2008 Shri Makarand Son Moreshwar Upasani ... Appellant (Orig. Plaintiff) Vs. Sau. Madhura Makarand Upasani ... Respondent (Orig.Defendant) Mr. Vishal Kanade, Advocate, i/b. Shri Sanjay S. Gawde, Advocate for the appellant. Mr. D.K.Ghaisas, Advocate, for the respondent CORAM: J.H.BHATIA,J. DATE : 16th October, 2009. P.C. 1. Heard the learned Counsel for the parties. 2. The parties are also present before the Court and they want the matter to be settled as per the Consent Terms marked “X” for identification. 3. The appellant and respondent were married on 26.1.1992. The relations got strained and the present appellant-husband had filed Marriage Petition No.1 of 2001 before the Civil Judge, Senior Division, Alibag, for divorce 2 on the ground of cruelty. The petition was contested by the respondent-wife. The trial Court granted the decree for divorce. That decree was challenged by the wife in Regular Civil Appeal No.157 of2006 before the District Court. The appeal was allowed and the decree passed by the trial Court was set aside. Hence, the husband has filed the present appeal. The litigation is pending between them for the last about 8 years and admittedly they are also living separately from each other for last about 10 years. The marriage appears to have broken irretrievably and there is no possibility of their coming together. Therefore, they have made a request by the Consent Terms to convert this litigation into a petition under Section 13B and that the marriage be dissolved by a decree of divorce with mutual consent. I am satisfied that it will be in the interest of parties to allow this prayer and to grant a decree of divorce with mutual consent. As per the Consent Terms, the appellant has handed over two Demand Drafts of the aggregate amount of Rs.5 lakh to the respondent today before the court. 4. In view of these circumstances, the Appeal stands disposed of as per the Consent Terms marked “X” (J.H.BHATIA,J.)