1 69.10 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.69 OF 2010 WITH CIVIL APPLICATION NO.143 OF 2010 AND FAMILY COURT APPEAL NO.84 OF 2010 Naresh Rajaram Khanivdekar ...Appellant Versus Mrs.Manisha Naresh Khanivdekar ...Respondent ...... Ms.Deepali Patil for Appellant. Ms.Radhika Samant i/b Mr.P.M.Havnur for Respondent. ...... CORAM:- A.M.KHANWILKAR AND R.Y.GANOO, JJ. DATED:- JULY 26, 2011. P.C. 1. Not on Board. Upon mentioning, taken on Board. 2. Counsel for the parties have handed in Consent/Minutes of Order signed by the parties and their Advocates dated 26th July, 2011 and are inviting disposal of the proceedings pending before this Court between the parties on the terms specified therein. As requested by the parties, we allow them to convert the Petition No.A-1026/2007 to one under Section 13-B of the Hindu Marriage Act. The parties have withdrawn all the allegations 2 69.10 made against each other in the respective proceedings unconditionally. The parties now intend to seek divorce by mutual consent under Section 13-B of the Act. The parties are present in Court and on being interviewed, have reiterated the position stated in the Consent Terms. The wife has stated that she has executed the Consent Terms with full understanding and without any duress or pressure from any quarter. We are satisfied that the parties have entered into arrangement specified in the Consent Terms with full understanding. It is also noticed that the parties are staying separately for quite some time and have no intention whatsoever to come together or to resume cohabitation. 3. Considering all these aspects, in the interest of justice, we dispose of both the Appeals on the basis of the Consent Terms. 4. The impugned Judgment and decree passed by the Family Court in the respective Petitions is set-aside. Instead, in the interest of justice, the husband is allowed to convert the Petition No.A-1026/2007 into one under Section 13-B of the Act. The marriage between the parties is dissolved by mutual consent under Section 13-B of the Act on the basis of Consent Terms executed by them referred to above. 3 69.10 5. We accept the undertaking given by the parties to withdraw all the allegations made against each other in the respective Petitions. We proceed to dispose of Petition filed by the husband for divorce by awarding decree of divorce under Section 13-B of the Act. Insofar as permanent alimony and maintenance are concerned, the parties have agreed to abide by the terms specified in the Consent Terms. Assurance so given by the parties in the Consent Terms is accepted. 6. Even with regard to the issue of custody of the minor daughter, the parties have decided to amicably resolve the same and the custody of minor daughter Rashi would remain with the wife. 7. It is brought to our notice that the husband has so far deposited aggregate sum of Rs.95,500/- (Rupees Ninety-five Thousand Five Hundred) in this Court which was intended to be paid to the wife towards maintenance. In addition to the amount received by the wife as per the Consent Terms, the wife is entitled to withdraw the entire amount deposited in this Court forthwith. We are informed by the Counsel for the wife that the Registrar may insist for production of deposit receipts which, however, 4 69.10 are not supplied by the Advocate for the husband. In the circumstances, the Registrar shall not insist for copy of the deposit receipts. The amount which is shown as deposited in the account of the present Appellant, which, as per the Office noting is aggregating to Rs.95,500/-, be made over to the wife. 8. Accordingly, the Appeals preferred by the husband succeed on the above terms with no order as to costs. The accompanying Civil Application is also disposed of on the above terms. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)