1 wp-4517 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Writ Petition No.4517 of 2010 Jital Bipinchandra Malde .. .. Petitioner v/s. Rahul Dinesh Khimasia .. .. Respondent Mr.Rohan Cama with Ms.Pallavi Dedhia i/by M/s.Sanjay Udeshi & Co. for Petitioner. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 9th December, 2010 P.C. : 1.The parties have divorced and entered into Consent Terms inter alia with regard to the custody and access of the only child Nishka. The parties have joint custody of their child. The access has to be given to the mother for two months each during the vacation that child enjoys in U.S.A. In Clauses 20 and 21 of the Consent Terms, the parties have agreed to obtain orders of both the Courts in both the jurisdictions regarding travel dates of the child. Since the child is in United States, only the Courts in U.S.A. would have jurisdiction to pass orders upon any application for the custody, access or visitation rights to the child. The Courts in India would cease to have jurisdiction from the time the Consent Terms are filed with the Court and the dispute in the Petition that is before 2 wp-4517 the Court ceases. 2.Pursuant to Clause 20 of the Consent Terms, the mother applied before the Family Court, Mumbai, for an order with regard to the access dates of the child. By the impugned order, the Family Court rightly rejected the application as not maintainable for want of jurisdiction. The order is correct. 3.It is not for the parties to provide in the Consent Terms continuous orders to be passed by the Court after the dispute has terminated and the Petition has come to an end. The Court becomes non est upon such Consent Terms being filed. It is for the parties to work out their differences either themselves or through their lawyers or any arbitrator or mediator to avoid future litigation for themselves or their child. 4.It is hoped that both parties see reason and amend the Consent Terms to bring them within the purview of the law. 5.The Writ Petition is disposed of accordingly. (SMT.ROSHAN DALVI, J.)