: 1 : fca-20-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 20 OF 2011 IN M.J. PETITION NO. A-1374 OF 2005 WITH CIVIL APPLICATION NO. 38 OF 2011 IN FAMILY COURT APPEAL NO. 20 OF 2011 IN M.J. PETITION NO. A-1374 OF 2005 Ranjana S. Jain @ Pinky .. Appellant v/s. Sachin Jayantilal Jain .. Respondent ......... Ms. Bhavana Shah – Anklesaria for appellant Mr. Kiran Jain a/w Neeta Solanki i/b Kiran Jain & Co. for respondent ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 20th JUNE 2011. P.C. : 1. Counsel for the parties have filed consent terms duly signed by the parties, as well as their advocates. Both the parties are present in the Court. We have interviewed the appellant to ascertain whether she has executed the consent terms out of her free choice, or otherwise. We are satisfied that she has executed the consent terms with full understanding. The consent terms are taken on record and marked “X” for identification. : 2 : fca-20-11=.doc 2. The parties have agreed to withdraw all the allegations made against each other and have also agreed to convert the petition for divorce filed by the husband into petition for divorce by mutual consent. Accordingly, as per the consent terms, the parties have agreed that the decree of divorce on the ground of mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 be passed. Further, it is noticed that the marriage was performed in the year 2000 but soon thereafter, the parties started staying separately since 2005. There is no possibility of reconciliation. All efforts in that behalf have failed. Accordingly, in the interest of justice, we accede to the joint request of the parties to allow the appeal on the basis of consent terms arrived at between the parties. Accordingly, the decree of divorce passed by the Family Court shall stand modified to one, passed under Section 13(B) of the Hindu Marriage Act. 3. We place on record that the amount referred to in the consent terms have already been received by the appellant. As per the consent terms, the appellant will take steps to withdraw the criminal proceedings. 4. Appeal is disposed of in terms of consent terms. No order as to costs. : 3 : fca-20-11=.doc 5. In view of the above order, nothing survive for consideration in the Civil Application. The same is disposed of. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)