IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 4 OF 2009 W I T H CIVIL APPLICATION NO. 4 OF 2009 IN FAMILY COURT APPEAL NO. 4 OF 2009 K. Ganesh s/o. M.V.Krishnamoorthy .......Appellant V/S. Nandini Ganesh .......Respondent ----------- Mr. Vijay Gharat, adv.for the appellant. Ms. Veena Gowda, adv.for the respondent. Coram : A.P. Deshpande, & : Smt. R.P. SondurBaldota, JJ. Dated : 12 th April, 2010. P.C. : 1. This Family Court Appeal questions the correctness of the judgment and decree passed by the Family Court in favour of the respondent-wife granting a decree of dissolution of marriage on the ground of cruelty and dessertion. In substance, the decree passed by the Family Court was an ex- parte decree. Aggrieved thereby, the appellant husband has preferred this Appeal. 2. During the pendency of the appeal, parties have resolved the dispute by entering into consent terms. The learned counsel appearing for the respective parties have placed on record the consent terms drawn up which are duly signed by them and parties. 3. Parties are present in the court. They admit the consent terms to be true and correct. The learned counsel appearing for the respective parties make a joint request for disposal of the appeal in terms of the consent terms. 4. In the result, the marriage solemnized on 28th November, 2003 between the parties stand dissolved by a decree of divorce by mutual consent. The appeal is allowed in terms of the consent terms. 5. With the disposal of the appeal, Civil Application No. 4 of 2009 taken out for stay does not survive. The same stands disposed off as being infructuous. [SMT. R.P. SONDURBALDOTA, J] [A.P. DESHPANDE, J]