1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Family Court Appeal No.129 of 2006 With Cross Objection Stamp No.20273 of 2007 Pohumal Tarachand Gangwani Appellant Vs. Sita Pohumal Gangwani Respondent Mrs.Manjula Rao for appellant-husband. Mr.S.S.Kulkarni for respondent-wife. Mr.Pohumal Tarachand Gangwani - present. Smt.Sita Pohumal Gangwani with brother Mr.Bhagwan A. Durgani - present. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. August 6, 2008 P.C. 1. Heard Mrs.Rao, the learned counsel for the husband and Mr.Kulkarni, the learned counsel for the wife. Both the parties are present before the Court. Respondent-wife is present with her brother - Shri Bhagwan Durgani. 2 2 These Appeals arise from the judgment and order dated 4th May 2006 rendered by the Family Court at Mumbai in Petition No.C-237 of 2003. It was a petition by the wife under Section 18(2)(a),(b) and (e) of the Hindu Adoptions and Maintenance Act, 1956. The Family Court was pleased to direct the husband to pay an amount of Rs.3000/- per month as maintenance from the date of the order i.e. 4th May 2006. The respondent - husband was restrained by an order of permanent injunction from disposing off or dealing with the matrimonial home i.e. Flat No.C-1, Asha Bhavan, 14th Road, Khar (West), Mumbai 400 052 in any manner. The husband has been further directed to pay Rs.25,000/- towards the cost of the petition. 3. The marriage between the parties was solemnised on 16th February 1960 and they stayed separately from 10th August 1962. On 15/7/1964 the wife filed an application under Section 125 of Cr.P.C. before the learned Metropolitan Magistrate at Bandra claiming maintenance and by the order dated 15/7/1966 the maintenance amount was fixed at Rs.55/- per month. The said amount came to be revised to Rs.200/- with effect from 19/9/1974 as per the order passed by the 3 learned Metropolitan Magistrate on 20/5/1981. The wife filed Petition No.C-237 of 2003 and claimed maintenance at the rate of Rs.5000/- per month and the said petition has been partly allowed, as noted hereinabove by the impugned order. 4. Having realised that both the spouses are senior citizens and the husband has in fact crossed the age of seventy years, the spouses with the assistance of their learned counsel, explored the possibilities of settling the matrimonial dispute. Though the wife’s petition was only for claiming maintenance, the parties agreed amongst themselves to treat the said petition as a petition for divorce by mutual consent so that the marriage between the parties would stand dissolved, more so when the husband is alleged to have his own family now and during the last about 45 years there has been a separation between them. The wife has been staying with and has been in fact looked after by her brother - Shri Bhagwan Durgani. Having due regards to all the obtaining circumstances, the husband has agreed to pay by way of permanent alimony an amount of Rs.8,00,000/- (Rupees eight lakhs only) (with deferred payments) and in turn the wife has accepted the said amount and 4 consented for a decree of divorce. 5. We, therefore, accept the request made by the parties to treat Petition No.C-237 of 2003 filed before the Family Court as a petition for divorce by mutual consent. Mrs.Rao, the learned counsel appearing for the husband has handed over to Mr.Kulkarni, the learned counsel for the wife five Demand Drafts, each of Rs.1,00,000/- (Rupees one lakh only) and drawn in favour of the wife so as to make a total amount of Rs.5,00,000/- (Rupees five lakhs only). Mr.Rao further agreed that additional amount of Rs.3,00,000/- will be paid by the husband to the wife by way of Demand Drafts within a period of three months from today. This has been accepted by the wife by way of permanent alimony and, therefore, the parties have prayed for a decree of divorce to be granted by this Court under Section 13-B of the Hindu Marriage Act, 1955. 6. The request is accepted and the petition for divorce by mutual consent is hereby allowed on the following conditions: (a) In addition to the amount of 5 Rs.5,00,000/- (Rupees five lakhs) paid today by the husband to the wife, a further sum of Rs.3,00,000/- (Rupees three lakhs) shall be paid by him to her within three months from today, which he undertakes to pay. The undertaking of the said payment is noted and accepted. (b) The wife shall have no further claim against the husband and the amount of Rs.5,00,000/- (Rupees five lakhs) plus Rs.3,00,000/- (Rupees three lakhs) may be invested in her name by way of fixed deposit in a Bank so that she gets financial assistance for her maintenance in the form of interest payable to her on such deposit or she may use the same in the manner she finds best in her interests. (c) The decree of divorce will take effect from the day the additional amount of Rs.3,00,000/- (Rupees three lakhs) is paid by the husband to the wife. 7. The appeal and the cross-objection are allowed 6 in terms of the decree of divorce in the above terms. The order of the Family Court stands merged and modified in terms of the decree of divorce. The injunction order stands set aside. 8. The Registry to issue a decree of divorce by mutual consent. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)