Ast 1 fca203.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 203 OF 2009 WITH CIVIL APPLICATION NO.313 OF 2009 WITH CIVIL APPLICATION NO.84 OF 2010 IN FAMILY COURT APPEAL NO.203 OF 2009 Smt.Ranjana Rajaram Dhere ....Appellant Vs. Shri Rajaram Yashwant Dhere ....Respondent Mr.Datta Mane for appellant. Mr.H.G.Waksher for respondent. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- JUNE 10, 2010 P.C. 1. After hearing Counsel for the parties for some time and in deference to the observations made by the Court, the parties, who are personally present in court, have agreed to amicably settle the dispute on the following terms. 2. Before recording the terms, we may like to place on record that we have personally interviewed the Respondent-husband, Appellant-wife, brother and Ast 2 fca203.09.sxw father of the Appellant-wife as well as the minor son Anand in chambers and were convinced that the the parties have willingly accepted the settlement terms referred to herein below. a) The Appellant is willing to join the matrimonial home. The Respondent husband is willing to cohabit with the appellant wife. However, he has stated that the wife will have to stay at his native place at Lengrewadi, District-Sangli. That condition is acceptable to the appellant-wife. b) In so far as, minor son is concerned, even he would stay with his mother at the native place and pursue his studies there for the time being. c) The Respondent husband has stated before us that he has not entered into any second marriage as is alleged by the appellant wife. He is willing to state that position on affidavit. That affidavit be filed within one week from today. It is only on the basis of this statement, the appellant wife and the minor son have agreed to join the Respondent husband. Ast 3 fca203.09.sxw d) The father as well as brother of the appellant is also personally present in our chamber. They were also interviewed by us. The father has assured that he would not interfere with the affairs of the Respondent and the appellant hereafter. We accept that assurance. Insofar as the bother of the appellant Parshuram Shripati Sarak, even he has welcomed the settlement arrived at between the parties and is willing to take all such measures as would further the cause of the appellant who is his sister. We appreciate the attitude adopted by the brother of the appellant in this behalf. e) We are in agreement with the suggestion given by the bother of the appellant that the Respondent be directed to invest atleast sum of Rs.1,50,000/- by way of fixed deposit in the name of the minor son Anand and we order accordingly. Further, the said investment shall be kept intact and till the minor son Anand attains majority. After he attains majority, he may be free to invest the said amount or use the same for pursuing his further studies and not for any other purpose. The Respondent agrees to abide by this term Ast 4 fca203.09.sxw and would deposit the amount in fixed deposit in a nationalised bank within six weeks from today, which investment would abide by the above-stated arrangement. f) It is also agreed that in view of this settlement which is full and final, the parties are withdrawing all the allegations made inter se and as a consequence would also give up their claims and proceedings instituted by them inter se. g) The parties will take steps to withdraw the proceedings including the Case No.7/SW /2004 pending before the 11th Kurla Magistrate Court within four weeks from today and in any case before the next date of hearing of the said case, whichever is earlier. h) We may however, impress upon the father and brother of the appellant to extend all possible help and cooperation to the Appellant and Respondent for full and complete enforcement of the arrangement agreed upon by them which is essentially to secure the interest of the minor son. Ast 5 fca203.09.sxw 3. In view of the above agreed arrangement, by consent, the impugned Judgment and Decree passed by the Family Court is set aside and the proceeding in which the same is passed is hereby terminated. 4. The appellant as well as minor son have agreed to go alongwith the Respondent today itself. We accept that assurance. 5. In view of the above, nothing survives for consideration in the appeal or the pending Civil Applications. 6. Needless to observe that in case of any difficulty, the parties may apply for direction, as may be advised, which will be considered on its own merits. (A.A.SAYED, J) (A.M.KHANWILKAR, J)