1 fca-38-10 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CIVIL JURISDICTION FAMILY COURT APPEAL NO.38 OF 2010 WITH CIVIL APPLICATION NO.26 OF 2010 Puthkode Subramanian Ramalingam ....Petitioner Vs. Julte Ramsnehi Thakur ...Respondent Mr. Sachin Chandan for the appellant. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. DATE: 8TH DECEMBER, 2010. P.C. Both parties had appeared before us on 22nd November, 2010 and stated that they have resolved their matrimonial disputes. The settlement terms have been reduced in writing in the form of “consent terms” and signed by both of them along with their learned Advocates. The consent terms have been duly verified. 2. In paragraph 12 of the consent terms it was stated that the complaint No.SS/4887/2009 was filed under Section 326 of I.P.C., and we had, therefore, expressed our apprehension whether the same case could be 2 fca-38-10 compounded by way of settlement between the parties. 3. We are now informed that the said case has been filed for an offence punishable under Section 325 of I.P.C., and an application for withdrawal of the said complaint has already been submitted by the complainant. We are also informed that the case mentioned in paragraph 11 of the consent terms has already been sought to be withdrawn by way of an application. The learned Counsel for the appellant has also placed before us the certified copies of certain documents. It is evident from the same that the complaint filed by the appellant in the Metropolitan Magistrate 9th Court at Bandra has been withdrawn. 4. It is also not in dispute between the parties that they were not married with each other and they were living together as husband and wife. The dispute between the parties was relating to the custody of the minor daughter Mansi and in Clauses 3 to 10 of the consent terms the said issue has been resolved between the parties and the daughter will continue to stay with her mother and with the right of access to her father. 5. The parties, therefore, prayed before us for a decree in terms of the 3 fca-38-10 settlement between the parties. Hence appeal is allowed in terms of the settlement which is marked as “X” for identification and the Registry is directed to issue a fresh decree. 6. In view of the disposal of the Family Court Appeal the Civil Application does not survive. Civil Application disposed off accordingly. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)