(1) fca15-16-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FAMILY COURT APPEAL NO. 15 OF 2010 Sow Manisha Santosh Mahadik APPELLANT VERSUS Santosh Ramrao Mahadik RESPONDENT WITH FAMILY COURT APPEAL NO. 16 OF 2010 Sow Manisha Santosh Mahadik APPELLANT VERSUS Santosh Ramrao Mahadik RESPONDENT .... Mr. Dhananjay Shinde, advocate holding for Mr. A.S. Barlota, advocate for the appellant in both the appeals. Mr. S.B. Joshi, advocate holding for Mr. H.H. Padalkar, advocate for the respondent in both the appeals. .... CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATE : 4th MAY, 2011 ORAL ORDER : 1. The Family Court Appeal No. 15/2010 is directed against the order dated 24th July, 2009, by which the petition No. B-4/2008 was partly allowed by the Family Court, Aurangabad. The Family Court (2) fca15-16-10 Appeal No. 16/2010 is directed against the order of the Family Court, by which Petition No. A-97/2007 was rejected and the order of maintenance was directed to be continued. 2. The appellant in both these appeals is the wife who had claimed a divorce under section 13 (1) (i-a) and (i-b) of the Hindu Marriage Act, 1955. Since her divorce petition was dismissed and the application for the return of `stridhan' was also dismissed, she has filed the present appeals. 3. Both, the appellant and the respondent, are present in the Court. They have arrived at a compromise under which they have agreed for a divorce by mutual consent under section 13-B of the Hindu Marriage Act, 1955. They have also agreed that the amount of Rs. 80,000/-, deposited in this Court by the respondent should be paid over to the appellant. The appellant has further agreed that she will not claim the gold and silver ornaments which is the subject matter of Family Court Appeal No. 15/2010. (3) fca15-16-10 4. The Compromise Deed has been placed on record before us, which has been verified on 29th April, 2011. The same is taken on record and marked "X" for identification. 5. We accept the compromise terms filed by the parties. We have noted that the parties who were married on 5th May, 2003, have been staying separately for more than one year and are not able to live together. They have, therefore, agreed mutually to dissolve their marriage. 6. The judgements and orders of the Family Court in both the petitions are set aside and the following order is passed. (i) The divorce petition filed under section 13 (1) (i-a) and (i-b) is converted to one filed under section 13-B of the Hindu Marriage Act, 1955. (ii) The marriage of the appellant with the respondent which was solemnized on 5th May, 2003 is dissolved by mutual consent. (4) fca15-16-10 (iii) A decree of divorce is passed under section 13-B of the Hindu Marriage Act, 1955. (iv) The amount of Rs. 80,000/-, deposited by the respondent, shall be disbursed to the appellant forthwith by the office of this Court. 7. Both the appeals are disposed of in terms of the aforesaid order. [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] NPJ/fca15-16-10