: 1 : fca173.sxw vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.173 OF 2010 Siddharth Amarnath Mandrekar ... Appellant V/s. Pragati Siddharth Mandrekar ... Respondent Mr.D.S. Pathak for the Appellant Mr.Manish Rai for Respondent Parties present in person CORAM: A.M. KHANWILKAR & MRS. MRIDULA BHATKAR , JJ. (IN CHAMBER) DATE: 25TH APRIL, 2011 P.C.:- This Appeal takes exception to the judgment and decree passed by the Family Court, Mumbai at Bandra in M.J. Petition No.A-970 of 2007 dated 19.4.2010 which reads thus: ORDER “The petition is partly allowed. The marriage solemnized between the petitioner-Siddharth Amarnath Mandrekar is hereby dissolved by decree of divorce u/s.13B of Hindu Marriage Act. The Petitioner do pay permanent alimony/maintenance @ Rs.10,000/- to the respondent since the date of passing of this order. : 2 : fca173.sxw The disputed ornaments which are lying in the locker of Bank of Baroda in the name of both the parties be given to the respondent. No order as to costs.” 2. After hearing the Counsel for the respective parties, we suggested to the parties to explore the possibility of settlement. In deference to the observation made by us the parties showed willingness to discuss about the settlement terms. Accordingly, we ordered to keep the matter in Chamber to be taken after lunch break. After the lunch break, the matter was taken up in the Chamber when the appellant as well as the respondent were present. After interacting with them, they have decided to settle all their claims which are subject matter of this Appeal on the following terms: i. The appellant assures to pay a sum of Rs.70,000/- to the respondent which is towards arrears of permanent alimony/maintainance ordered by the trial Court, forthwith. That amount is paid over to the respondent by a cheque drawn in her favour forthwith in our presence. That claim of the respondent would stand satisfied on realisation of the cheque. ii. The Appellant also agrees to pay a further sum of Rs.4,50,000/- : 3 : fca173.sxw to the respondent within one month from today towards full and final settlement of all the claims of the respondent arising out of the decision of the Family Court which is the subject matter of challenge in the present Appeal. That payment will be made on or before 10.6.2011 and the Appellant shall produce the receipt of such payment in the Registry of this Court within such time. On production of the said receipt, the claim towards permanent alimony payable to the respondent shall stand satisfied. In that event, the appellant will not be liable to pay any further amount towards permanent alimony to the respondent. iii. The appellant agrees to hand over the disputed ornaments lying in the locker of Bank of Baroda standing in the joint names of the appellant and the respondent on or before 30.4.2011. The respondent agrees to remain present in the concerned bank at 10 am so that the locker can be operated jointly by them to enable the respondent to take away the disputed ornaments kept in the said locker. Thereafter, the decree passed by the Family Court to the extent of return of disputed ornaments lying in the locker of Bank of Baroda shall stand satisfied. : 4 : fca173.sxw 2. The decree of divorce by mutual consent passed by the Family Court is upheld subject to above arrangement agreed upon by the parties. 3. The Appeal is disposed of with no order as to costs. 4. In view of the disposal of the Appeal, Civil Application No.331 of 2010 does not survive for consideration and the same is disposed of. (MRS. MRIDULA BHATKAR, J.) (A.M. KHANWILKAR, J.)