1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Family Court Appeal No.115 of 2008 With Civil Application No.215 of 2008 Mr.Deendayal Lulla Appellant Vs. Mrs.Gayatri Deendayal Lulla Respondent Mrs.Rajani Iyer, Sr.Counsel with Mr.P.R.Gyani and Mr.Uttam Chand i/b. M/s.Consulta Juris for appellant. Mr.Mohan Pillai i/b. Mr.G.S.Hegde for respondent. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. September 11, 2008 P.C. 1. This appeal by the husband is directed against the judgment and order dated 14/2/2008 rendered by the Family Court at Mumbai thereby partly allowing Petition No.A-422 of 2001 filed by the wife. The marriage between the parties has been dissolved by a decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act and the minor daughter Disha’s custody has been directed to remain with the mother. The wife has not been granted any permanent alimony or maintenance and the counterclaim of the husband for restitution of conjugal rights as well as permanent 2 maintenance and custody of the daughter came to be rejected but with an order of access to the daughter. 2. During the pendency of this appeal the parties, with the assistance of their learned counsel, negotiated on an amicable settlement and they have been successful in settling the matrimonial disputes finally. The settlement terms reduced in writing in the form of Consent Terms have been placed before us and both the parties through their learned counsel have requested us to convert the impugned decree of divorce into a decree of divorce by mutual consent within the meaning of Section 13-B of the Hindu Marriage Act, 1955 3. The parties are present before us and the Consent Terms have been signed by them. They have stated that the settlement has been arrived with their full understanding and without any force or duress or compulsion or misrepresentation. They have agreed to withdraw the allegations and counter allegations made, if any, by each of them and the wife has agreed to give an amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) within two weeks to the husband by way of permanent alimony. Cheque bearing No.885733 drawn 3 on the Canara Bank and dated 18/9/2008 has already been handed over to the husband. The settlement terms have also provided the father with an access to his daughter who is presently studying in the 10th standard. The daughter is also present before us and she expressed her desire to meet the father and to be in his company as and when possible either on holidays or during vacations but subject to her schedule of classes etc. 4. The Consent Terms are taken on record and marked as "X" for identification. We hereby accept the same as being a settlement between the parties. The parties have undertaken before us that they will be bound by the said terms. 5. As requested by the parties, we dissolve the marriage solemnised between the parties on 12/1/1992 by a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. The impugned decree granted by the Family Court is substituted by a decree of divorce by mutual consent. The Registry to issue a decree of divorce by mutual consent within the meaning of Section 13-B of the Hindu Marriage Act, 1995 in terms of the Consent Terms. Appeal disposed 4 off accordingly. 6. In view of the above, Civil Application No.215 of 2008 stands disposed. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)