1 15.08 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.15 OF 2008 Mrs.Sweta Sanjay Kothari ...Appellant Versus Mr.Sanjay Dinesh Kothari ...Respondent ...... Mr.Mohan Jayakar with Mr.Achit Jayakar i/b Khaitan & Jayakar for Appellant. Mr.Rushabh Shah i/b Raval Shah & Co. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND R.Y.GANOO, JJ. DATED:- JUNE 29, 2011. P.C. 1. This Appeal takes exception to the Judgment and Decree passed by the Family Court No.6 Bandra, Mumbai dated 7th December, 2007 in rejecting the plaint/petition filed by the appellant-wife bearing Petition No.D-17/2004 praying for permanent custody of the two minor children Simran and Samay. The Family Court has held that the custody of the two children was already with the mother, for which reason, no cause of action arises for the institution of the Petition. It is on that basis, the Petition came to be rejected under Order VII Rule 8 of the Code of Civil Procedure. 2 15.08 2. In view of the arrangement now arrived at between the parties as recorded in the Consent Terms dated 14th May, 2008, the custody of the two minor children would remain with the wife and the husband would be entitled for access as well as right to take the children on holidays within or outside India. In view of this arrangement, the relief claimed in the Petition which was originally filed by the wife is fully worked out. 3. In the circumstances, the Appeal is disposed of on the basis of the Consent Terms already filed in the pending appeal with no order as to costs. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)