1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3159 OF 2008 Mrs. Kavita V. Dharwadkar. ...Petitioner. Vs. Mr.Vijay P. Dharwadkar. ...Respondent. .... Mr.Abhijit Sarawade for the Petitioner. Mr. J.B. Mistry with Mr. V.V. Khemka for the Respondent. ..... CORAM :DR.D.Y.CHANDRACHUD, J. May 5, 2008. P.C.: The proceedings before this Court have arisen out of an order passed by the Family Court at Pune, granting access to the minor child born from the wedlock of the Petitioner and the Respondent. Access has been allowed to the Respondent-father for a period of ten days between 6th May 2008 and 15th May 2008. The parties were married at Goa on 19th November 1997 and are living apart since July 2005. The Petitioner, instituted a petition for divorce before the Family Court at Pune on 2nd February 2007. The Petitioner, the Court is informed, is working in the office of a 2 Chartered Accountant at Pune while the Respondent is a builder and developer. The Respondent filed his Written Statement on 30th March 2007. An application for maintenance was filed on 2nd February 2008. The Respondent filed an application for access on 15th April 2008. In the meantime, an application was filed by the Respondent for permission to take the child to Goa for a function in the family which was allowed by the order impugned in these proceedings. At the hearing of the petition, both the parties stated through their Learned Counsel that having regard to the fact that they are living separately for nearly three years, it will not be possible for them to cohabit together and it was in their interest to dissolve the marital tie by a decree for divorce by mutual consent. Both the Learned Counsel stated that parties are before the Court and have duly understood the terms of the settlement which have been arrived at between them. Under the terms of the settlement, it has been agreed that the Respondent would pay to the Petitioner, an amount of Rs.17,500/- per month, by way of maintenance for the Petitioner and the minor child who is now nearly 8 years of age. Access has 3 been provided to the father on the first and third Saturdays of every month and during the course of the Vacations as reflected in the Consent Terms tendered before the Court. The Consent Terms have been signed by the parties and by their respective Advocates. In view of the fact that the dispute between the parties has been resolved, permission has been granted, on the request made before the Court, to convert the petition into a petition for divorce by mutual consent. Parties have agreed to place a copy of the Consent Terms on the file of the Family Court at Pune. The terms of the settlement are fair and are in the interests of the welfare of the minor child and the parties. The parties have also agreed that for the period between 7th to 9th May 2008 (both days' inclusive), the Petitioner shall provide an access to the minor child to the Respondent at Mhapsa, in order to enable the child to attend a family function together with the father. Accordingly, it has been agreed between the parties that the Petitioner together with the child shall leave Pune on the evening of 6th May 2008 so as to arrive at Goa on 7th May 2008. It has been 4 agreed between the parties that on 7th, 8th and 9th May 2008, the child shall be in the custody of the Respondent. The Respondent has agreed and undertaken to the Court to return the child back to the Petitioner at 5 p.m. on 9th May 2008 so as to facilitate the return journey to Pune of the Petitioner and the minor child. The Respondent has also agreed to provide suitable accommodation to the Petitioner and the minor child at his cost and expense at Goa which shall be communicated to Counsel appearing on behalf of the Petitioner and to the Petitioner well in advance before commencement of the journey. The petition shall stand disposed of in terms of the Consent Terms which are taken on record and marked “X”. .....