IN THE COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5289/2002 Swati S.Sancheti ...... Petitioner Vs. Sharad J.Sancheti Respondents Adv.Shri.Nitin Deshpande for the petitioner Adv.Shri.S.A.Abhyankar and Mrs.Helekar for the respondent Coram : A.A.Sayed,J. Date-29th April,2008 P.C. 1] This is matrimonial dispute. The learned counsels for the parties submit that the dispute between the parties is settled and they have executed consent terms interalia for mutual Divorce. The consent terms are to be filed in the Family Court at Bombay . 2] The counsel for the petitioner has invited my attention to the decision in the case of Urmila Shankar Varma Vs.Shankar R.Varma reported in 2008(2) Bom.C.R.482 wherein the Single Judge of this Court has held that it may not be necessary to keep the 2 parties waiting for period of 6 months under section 13-B(2) of the Hindu Marriage Act when both the parties agreed by consent terms for mutual divorce, when a petition for divorce was pending between the parties . The Family Court was directed to allow amendment to the petition and to be treated as petition for divorce by mutual consent and further observed that amendment would relate back to date when petition was filed and it was further directed that it would be open for the Family Court to pass decree of Divorce by mutual consent. 3 Both the parties are Medical Practitioners and the children out of the wedlock have been provided for in the consent terms. 4] The learned counsel for the parties submit that the parties have been residing separately for more than one year and that they will appear before the Family Court at Bombay on 3rd May,2008 and file consent terms and will file joint application for conversion of the pending matrimonial petition being M.J.Petition No.A 601/2002 into petition for Divorce by mutual consent u/s 13-B of the Hindu Marriage Act,1955. 5] On such application being made the Family Court will allow the said application and permit the parties to carry out the amendment to the pending petition. The Family Court will proceed to dispose of the amended petition in accordance with law by treating the pending petition as one u/s 13-B of the Hindu Marriage Act,after taking the consent terms on record and satisfying itself. 6] Writ petition is disposed of. 7] The Family Court to act upon authenticated copy of this order. Judge.