Shri Suresh Krishnaji Bhole, Kalyan v. Sau.Sarika Suresh Bhole, Kalyan

happens to be the son of the parties to the appeal is present. Advocate for the respondent is also present. In the order dated 22nd February, 2008 it 2 is noted that the parties to the appeal were personally present on that day and that they have admitted the correctness of the contents of the Consent Terms.

#4. The present Second Appeal arises out of a petition filed by the respondent for dissolution of marriage U/s.13 of the Hindu Marriage Act, 1955. The trial Court passed a decree of a divorce and an appeal preferred by the appellant against the said decree has been dismissed.

#5. There are various proceedings pending between the parties. Both the parties have come together and have agreed to settle all the pending disputes. The parties have agreed to withdraw all the allegations made against each other in all the pending proceedings. Both the parties have agreed that they will take divorce by mutual consent. The Consent Terms which are tendered on record are comprehensive Consent Terms which record settlement between the parties which relates to all pending disputes. 3

#6. In view of the Consent Terms, following order is passed. (i) Marriage Petition No.273 of 1996 is allowed to be converted into a Petition U/s.13-B of the Hindu Marriage Act, 1955. In view of the Consent Terms, the impugned Judgments and Decrees are quashed and set aside and it is hereby declared that the marriage between the appellant and the respondent stands dissolved by a decree of divorce U/s.13-B of the Hindu Marriage Act, 1955. (ii) The terms and conditions which are incorporated in the Consent Terms shall form a part of the decree of divorce passed in the Second Appeal. (iii) Clause 1 of the Consent Terms incorporates details of all pending suits between the parties. The said suits between the parties stand settled and disposed of in terms of compromise incorporated in the Consent Terms filed in the Second Appeal. 4 (iv) The suits pending between the parties which are referred to in Clause 1 of the Consent Terms stand disposed of in terms of the Consent Terms. Registry will forward a true copy of this order along with a true copy of the Consent Terms to the concerned Courts in which the suits are pending and the concerned Courts will accordingly record disposal of the suits. (v) In view of the Consent Terms, Writ Petition No.1855 of 2004 will have to be disposed of in terms of the Consent Terms. The parties will move the concerned Court for obtaining an order in that behalf. (vi) The respondent will execute an irrevocable Power of Attorney in terms of Clause 16 of the Consent Terms within a period of three weeks from today and will forward the same to the advocate for appellant within the stipulated time. 5 (vii) The parties will make an application to the concerned Court in terms of Clause 6 of the Consent Terms on 24th March, 2008. (viii) The concerned Court will pass appropriate order on the said application expeditiously. (ix) It is obvious that in view of the settlement between the parties, the State Bank of India, Murbad road, Kalyan will ensure that necessary documents are immediately returned to the appellant in terms of Clause 7 of the Consent Terms. (x) The statements of the parties recorded in the Consent Terms are accepted. (xi) Second Appeal is disposed of in above terms. (xii) All concerned Courts, State Bank of India, Murbad road, Kalyan and The Lavanya Co-operative Housing Society Ltd. will act upon an authenticated copy of this order. (xiii) In case of any difficulty, liberty is 6 available to the parties to apply to this Court for appropriate directions. (A.S.OKA, J.)