1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FAMILY COURT APPEAL NO. 63 OF 2009 Mr. Deepak Vinayak Patwardhan ..Appellant Vs. Mrs. Jyoti Deepak Patwardhan ..Respondent Mr. S.C. Thatte for appellant. Ms. Nilima Dutta i/by Mr. Prakash L. Mahadik for respondent. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR, JJ. July 17, 2009. P.C. 1. Heard Mr. Thatte the learned counsel for the appellant and Ms. Dutta the learned counsel for the respondent. 2. The parties were married on 18/12/2002 as per the Hindu religion rites. However, on account of their differences, they started staying separately from 31/1/2006 onwards. The appellant had approached the Family Court with Petition No.A-759 of 2006 seeking divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 and in the said petition the respondent filed a counter claim for restitution of conjugal rights. By the impugned order dated 15/12/2008 the petition filed by the husband came to be dismissed and the counter claim for restitution for conjugal rights has been allowed in favour of the respondent. 3. This appeal was heard by us from time to time and we had impressed 2 upon the parties to settle the marital disputes amicably. With the assistance of their learned counsel, the parties have been successful in arriving at a settlement and the settlement terms have been reduced in writing today in the form of “Draft Consent Terms”. Both the parties are present before us and they have signed these consent terms voluntarily and without any influence / duress or pressure. The said settlement is taken on record and marked as Annexure “X” for identification. As per the said settlement between the parties, they have agreed to dissolve their marriage by mutual consent as provided under Section 13-B of the Hindu Marriage Act, 1955. The appellant has agreed to pay a sum of Rs.4,50,000/- (Rupees Four Lacs Fifty Thousand only) towards permanent alimony and maintenance to the respondent and this amount shall be paid within two months in two installments. The first installment of Rs.1,00,000/- (Rupees One Lac Only) shall be paid by a Demand Draft drawn in the name of the respondent by 10th July, 2009 and the balance amount of Rs.3,50,000/- shall be paid to the respondent by a Demand Draft by 16th September, 2009. The respondent has agreed that she will have no further claim against the appellant in any form whatsoever after she receives the total amount of Rs.4,50,000/-. The appellant has also agreed to pay an additional amount of Rs.5000/- by way of maintenance for the month of August, 2009 and the said amount shall be paid by 31st August, 2009 by a Demand Draft. The respondent has also declared that she shall not have any claim/rights of residence against the appellant on receiving the total amount of Rs.4,50,000/- and she will take all requisite steps for deletion of her name from the appellant’s ration card. The appellant has also, in turn, agreed that he will have no claim against the respondent in respect of the property, moveable or immoveable on execution of these consent terms. The respondent has also agreed to withdraw the petition filed for maintenance before the Family Court at Pune 3 as soon as she receives the total amount of Rs.4,50,000/-. Both the parties have also agreed to take further steps, as set out in the settlement. 4. We have gone through the settlement terms and we accept the same. The said terms shall be binding on both the parties and they are just and proper so as to serve the best interests of both the parties. 5. Parties have submitted a joint application before us seeking leave to amend Petition No.A-759 of 2006 so as to convert the same into a petition under Section 13-B of the Hindu Marriage Act, 1955. We hereby allow the said application and the petition memo in Petition No.A-759 of 2006 shall stand amended accordingly. 6. Hence, by consent of the parties and in terms of the settlement arrived at between them, their marriage solemnized on 18/12/2002 shall stand dissolved by mutual consent on receipt of total amount of Rs.4,50,000/- by the respondent and to be paid by the appellant. In case the appellant causes delay in payment of the balance amount of Rs.3,50,000/-, he shall be liable to pay interest at the rate of 15% per annum on the said amount. On receipt of the total amount of Rs.4,50,000/-, the respondent shall file a proof of satisfaction of the decree within one week therefrom and on her failure to do so it shall be deemed to have been satisfied. 7. Appeal is disposed off accordingly. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.) 4