:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 179 OF 2008 Mr. Sandip P. Patil ..Appellant Vs. Mrs. Yojana S. Patil ..Respondent Mr. Atul Damle for appellant. Mr. D.N. Gondhale for respondent. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : January 28, 2009. Date : January 28, 2009. Date : January 28, 2009. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the respective parties and the parties are present before the court. This appeal arises from the decree passed by the Family Court dismissing petition i.e. M.J. Petition No.A/2044 of 2005 filed by the appellant-husband under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955. This court was pleased to appoint Ms.Seema Sarnaik, Advocate, as a Mediator at the request of both the parties as the parties had decided to settle the matrimonial disputes amicably. The :2: Mediator has submitted her report dated 23/1/2009. 2. As per the said report, the parties have settled their matrimonial disputes in terms of the consent terms signed by them and their respective Advocates on 23/1/2009 and in the presence of the Mediator. A copy of the consent terms signed by the parties has also been annexed to the Mediator’s report. 3. Both the spouses are present before us and they state that each one of them has gone through the consent terms, understood them and they have signed the same on their own accord and without any influence or pressure. Along with the consent terms, a list of articles received by each of the spouses has also been annexed and they have declared before us that the said articles have been received by each one of them. 4. The parties have agreed to dissolve the marriage solemnised between them on 16/3/2003 by consent and the husband, in turn, has agreed to withdraw all the allegations he had made against the :3: wife on the ground of cruelty. The husband has specifically declared that all his contentions/ allegations/statements made by him before the Family Court either in writing or orally stand withdrawn. The wife, in turn, has also reciprocated in the like manner. The husband has agreed to pay a lump sum amount of Rs.4,50,000/- (Rupees Four Lacs Fifty Thousand only) to the respondent-wife as and by way of permanent alimony and the wife has already received the said amount by DD (D.D. No. 987129 dated 23/1/2009). The parties have also jointly placed before us an application for treating the petition filed by the husband before the Family Court as a petition for divorce by consent of the parties. 5. Both the spouses and their learned Advocates prayed before us to allow their prayer for dissolution of the marriage by a decree of divorce by consent under Section 13B of the Hindu Marriage Act, 1955 on the basis of the consent terms which are marked "X" for identification. We have found the consent terms to be reasonable to both the parties and the marriage between the parties has reached an irretrievable :4: stage. There is no child from the marriage. It would be in the interest of both the parties that the marriage is dissolved by consent. 6. Hence, we allow the appeal on the basis of the consent terms between the parties and the application made by them and grant a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. . Registry to issue the decree accordingly. (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)