1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Family Court Appeal No.5 of 2009 Manoj Narayan Thakur Appellant Vs. Jyotsna Manoj Thakur Respondent Mr.A.D.Shetty for appellant. Mr.Rahul Nerlekar for respondent. CORAM: B.H.MARLAPALLE & D.G.KARNIK,JJ. February 10, 2009. P.C. 1. This appeal arises from the judgment and order dated 9/6/2008 rendered by the Family Court, Mumbai thereby dismissing Petition No.A-757 of 2005 filed by the appellant - husband. The appellant had approached the Family Court with a petition for divorce under Section 12(1)(c) of the Hindu Marriage Act, 1955 and more particularly on the ground that the respondent - wife suffered from schizophrenia before the marriage that had taken place on 12/5/2004. The husband failed to make out a case for annulling the marriage as per the Family Court and consequently his petition was dismissed. 2. During the pendency of this appeal both the parties decided to compromise so as to settle the 2 marital disputes and with the assistance of their learned Advocates, they have been able to arrive at an amicable settlement. The terms of the said settlement have been reduced in writing in the form of Consent Terms which have been signed by both the parties along with their Advocates and placed before us. They have decided to dissolve the marriage solemnised on 12/5/2004, by mutual consent and the husband has agreed to pay a sum of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) towards all the claims the wife may have and Pay Order No.754331 dated 8th February 2009 drawn on the Cosmos Co-operative Bank, Dadar has been handed over to the respondent - wife. Her jewellery also has been returned and she has been allowed to retain with her the Mangalsutra presented by the appellant. Both the parties have agreed not to interfere in the affairs or life of each other in future and they have declared that they will have no claim against each other of whatsoever nature after the marriage is dissolved. They have also agreed to withdraw all the allegations made against each other in view of this settlement and if there are any complaints filed, they will by withdrawn by the complainant party. If there are any debts or liabilities, it shall be the responsibility of the 3 respective party i.e. either wife or the husband and there shall be no joint liability on that count. 3. Both the parties are present before us and they have verified the terms of the settlement. They have also declared that they shall be bound by the said terms of the settlement. We are satisfied that the settlement terms are in the best interest and welfare of both the parties and, therefore, the joint request for dissolution of marriage by consent requires to be accepted. The Consent Terms are marked "X" for identification. 4. The appeal is, therefore, allowed in terms of the Consent Terms and the Registry is directed to issue a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. Costs in cause. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)