Judgment: (Per Sandesh D. Patil, J.) 1. Heard learned Counsel for the parties. 2. Rule. Rule is made returnable forthwith and with the consent of the parties the matter is taken up for final disposal. 3. Mr. P. M. Arjunwadkar appearing for the Applicant/ Respondent waives notice on behalf of the Respondent. 4. The present Appeal is directed against the Judgement- Decree and Order dated 14.10.2016 passed by the learned Principal Judge, Family Court, Mumbai in Marriage Petition No. A–1053 of 2014, whereby the Marriage Petition filed by the Appellant-Husband against the Respondent-Wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for divorce on the ground of cruelty, was dismissed. 5. The marriage between the parties was solemnized on 11.03.2012 at Maharashtra High School No.2, Dadar (West), Mumbai. 6. This Family Court Appeal was admitted by this Court (Coram: K.K. Tated & B. P. Colabawalla, JJ.) vide Order dated 12.03.2018. 7. During the pendency of the present Appeal, the parties tried to explore the possibility of settlement. The matter was kept in chambers of chambers from time to time in order to enable the parties to amicably settle the matter. 8. Today, the parties have informed this Court that they have amicably settled the matter. The parties have tendered the Consent Terms dated 16.12.2025 and the same are taken on record and marked as ‘X’ for identification. The said Consent Terms are reproduced hereinbelow: “CONSENT TERMS 1. The Appellant - Husband viz., Mr. Jitendra Ashok Patkar and Respondent - Wife viz., Mrs. Poonam Jitendra Patkar ("said parties") got married each other on 11.03.2012 as per Hindu rites and rituals. There is no issue born out of said wedlock. 2. After marriage several differences cropped up between the parties, which has resulted into filing of Marriage Petition No. A-1053 of 2014 by Appellant husband before Ld. Family Court Mumbai at Bandra under Section 13(1)(ia) of The Hindu Marriage Act, 1955. 3. After hearing the parties, the Ld. Family Court was pleased to dismiss Marriage Petition No. A-1053 of 2014 vide its order dated 14.10.2016. The Appellant being aggrieved and dissatisfied with the order rejecting grant of divorce, had filed present Family Court Appeal No. 31 of 2017 before this Hon'ble Court. 3. After hearing the parties, the Ld. Family Court was pleased to dismiss Marriage Petition No. A-1053 of 2014 vide its order dated 14.10.2016. The Appellant being aggrieved and dissatisfied with the order rejecting grant of divorce, had filed present Family Court Appeal No. 31 of 2017 before this Hon'ble Court. During pendency of the present Family Court Appeal No. 31 of 2017, the Appellant and Respondent realized that their marriage is irretrievably broken and there is no chance of reunion / reconciliation. It is therefore, a joint meeting of all concerned was held and parties have arrived at out of Court settlement on the following terms and conditions viz., i. Admittedly, the Appellant and Respondent are residing separately since long and all possible attempts for reconciliation between both the parties have failed. Moreover, the marriage between parties is broken irretrievably and there is no chance of reunion. It is therefore, the parties have decided to reside separately and snap the marital ties with each other forever. In the circumstances, it is therefore prayed to this Hon'ble Court that the parties be granted decree of divorce and marriage dated 11.03.2012 solemnized between Appellant and Respondent be dissolved by decree of divorce; ii. In view of the above, the Appellant will pay an amount of Rs. 45,00,000/- (Rupees Forty Five Lakhs Only) ("said total amount") towards permanent alimony of Respondent; iii. Out of the said total amount, the Appellant vide order dated 16.10.2025 passed by this Hon'ble Court has deposited an amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) in this Hon'ble Court and same has been withdrawn by the Respondent; iv. The Appellant in view of order dated 14.11.2025 passed by this Hon'ble Court has deposited further amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) in this Hon'ble Court. The Appellant do not have any objection, if the said amount is withdrawn by the Respondent; v. The balance amount of Rs. 35,00,000/-(Rupees Thirty Five Lakhs Only) will be paid by the Appellant to Respondent on the date of signing of present consent terms vide pay order/demand draft bearing no. 500216 dated 15.12.2025 drawn on ICICI Bank, Nariman Point Branch, Mumbai. The said pay order / demand draft will be drawn in Respondent's median name viz., Poonam Vijay Rawool; vi. After receipt of the aforestated total amount of Rs. 500216 dated 15.12.2025 drawn on ICICI Bank, Nariman Point Branch, Mumbai. The said pay order / demand draft will be drawn in Respondent's median name viz., Poonam Vijay Rawool; vi. After receipt of the aforestated total amount of Rs. 45,00,000/- (Rupees Forty Five Lakhs Only), the Respondent will not have any monetary claim of whatsoever nature against the Appellant and / or his family members. The said amount is paid towards full and final settlement of maintenance of Respondent and also towards her permanent alimony. Moreover, the Respondent is in possession of her streedhan and after receipt of said total amount she will not have any claim of whatsoever nature as and by way of streedhan. The Respondent will not have any claim of whatsoever nature against the moveable and immovable property of Appellant and or his family members; vii. It is agreed by and between the parties hereto that after the execution of the present Consent Terms, they will not interfere in each other's lives in any manner whatsoever and will not drag either party into any litigations; viii. The parties undertake to withdraw all allegations/cases/complaints/Applications etc., filed against each other with any statutory authority and / or before any other Court of law, if any; 4. It is agreed by and between the parties that in case there is any default by any of party of whatsoever nature, the present consent terms will not be binding on other party and same be treated as null and void. 5. In view of above terms, the present Family Court Appeal No. 31 of 2017 and pending Interim Application therein be disposed off; 9. Both the parties are personally present in the Court. We have asked the parties whether they have understood the contents of the consent terms and whether they have signed the consent terms on their own free will and after understanding the consequence of the same, which both the parties have replied in affirmative. Hence, we accept the said consent terms. 10. After taking into consideration the fact that the parties are residing separately since more than one year, the statutory period of six-months as prescribed in section 13B of the Hindu Marriage Act, 1955 is waived off. 11. We therefore, proceed to pass the following order: ORDER (i) The marriage between the parties solemnized on 11.03.2012 is hereby dissolved by mutual consent between the parties. 11. We therefore, proceed to pass the following order: ORDER (i) The marriage between the parties solemnized on 11.03.2012 is hereby dissolved by mutual consent between the parties. (ii) The Judgement- Decree and Order dated 14.10.2016 passed by the learned Principal Judge, Family Court, Mumbai in Marriage Petition No. A–1053 of 2014 is set aside and is substituted by the present consent terms dated 16.12.2025. (iii) Consent Terms mentioned above shall form a part of this Order. (iv) Both the parties will act upon their respective undertakings as given in the consent terms. (v) Decree be drawn in terms of the aforesaid consent terms. (vi) There shall be no order as to cost. 12. Rule is made absolute in aforesaid terms. 13. The Family Court Appeal No.31 of 2017 is disposed of accordingly. 14. In view of disposal of aforesaid Family Court Appeal, nothing survives for consideration in Interim Application No.13657 of 2023 (for maintenance), hence, the same also stands disposed of. 15. All concerned parties to act on an authenticated copy of this Order.