-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.143 OF 2006 WITH CIVIL APPLICATION NO.193 OF 2008 Mrs.Laxmi Narayan Satam .. Appellant. Vs. Mr.Narayan Rawji Satam .. Respondent. WITH FAMILY COURT APPEAL NO.144 OF 2006 WITH CIVIL APPLICATION NO.194 OF 2008 Mrs.Laxmi Narayan Satam .. Appellant. Vs. Mr.Narayan Rawji Satam .. Respondent. Mr.M.R.Suryawanshi for the appellants. Mr.B.D.Kadam for the respondents. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATED : 8TH AUGUST, 2008. DATED : 8TH AUGUST, 2008. DATED : 8TH AUGUST, 2008. PC: PC: PC: . Both the appeals are filed by the wife. In the first appeal she challengs the decree of divorce in which she is challenging the order of the Family Court for dissolution of marriage solemnised on 30.12.1991 and in the second appeal she has prayed for enhancement of the maintenance amount. 2. From the wedlock the couple has the daughter by -2- name Dhanashri who was born on 15.11.1993. The spouses are living separately from 11.11.2001 and the Family Court has granted a decree of divorce by allowing the petition filed by the husband on the ground that the wife has treated the husband with cruelty. 3. During the pendency of these appeals both the spouses with the assistance of their learned advocates and having realised that it was not possible for them to reunite, decided to settle the matrimonial disputes and accordingly arrived at an amicable settlement, the terms of which have been reduced in writing in the form of "consent terms". The consent terms are on record and they are signed by both the parties and they have stated that they have understood the consent terms and they voluntarily signed with an intention to dissolve the marriage by consent. For identification the consent terms are marked as "X" and the undertakings furnished in the consent terms are undoubtedly binding on the respective parties. 4. By way of permanent alimony to the wife and maintenance for daughter - Dhanashri, the respondent-husband has accepted to pay an amount of Rs.4,00,000/- and the first instalment of Rs.1,00,000/- shall be paid by him on or before 22nd August, 2008 and the balance amount of Rs.3,00,000/- shall be paid by -3- him on or before 22nd September, 2008 by way of Demand Draft/Pay Order. The wife on her part shall invest the first instalment of Rs.1,00,000/- by way of fixed deposit in Dhanashri’s name with a nationalised bank or post office and she shall be shown as guardian. A copy of the deposit receipt shall be placed on record with the Registry of this court. Out of the second instalment of Rs.3,00,000/- to be received by 22nd September, 2008, an amount of Rs.2,00,000/- will be invested in fixed deposit in the similar manner and initially for a period of three years. The interest accured on fixed deposits will be withdrawn by the wife for household expenses as well as for the payment of fees etc. for Dhanashri. The amount of Rs.1,00,000/- remaining, the wife may utilise the same in the manner she feels it appropriate for her welfare. 5. We are informed that Dhanashri is about 15 years of age now and we make it clear that despite the dissolution of marriage between her parents, her rights as the legal heir of her father shall be intact and the father shall be equally responsible to take care of the financial requirements for her higher education and marriage etc. as and when so required. We also make it clear that the respondent shall not dispose of any ancestral immoveable property without the consent of Dhanashri. -4- 6. We therefore dispose off the appeals in terms of the consent terms and direct the Registry to issue decree of divorce by consent under section 13B of the Hindu Marriage Act, 1955. 7. Civil applications do not survive and hence they are also disposed off. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.) (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.) (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)