1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.178 OF 2008 WITH CIVIL APPLICATION NO.260 OF 2008 Shilpa Dilip Rumde & Ors. .. Appellants. Vs. Dilip Maruti Rumde .. Respondent. Mr.Y.S.Bhate i/b Nitesh Pawaskar, Advocate for the appellants. Mrs.Anjali Helekar for the respondents. CORAM : D.B.BHOSALE & R.Y.GANOO,JJ. DATED : 27/01/2010. PC: 1. The appellant-wife has filed this appeal against the judgment and order dated 24.6.2008 passed by the family court in Petition No.A-461 of 2001 by which her petition has been allowed and the respondent-husband has been directed to pay Rs.2,000/- per month to the appellant and Rs.1,000/- each to their two sons. Insofar as the petition No.A-1490 of 2004 filed by the respondent-husband seeking divorce is concerned, the same has been dismissed by the impugned judgment. The respondent-husband has not challenged the impugned judgment dismissing his petition for divorce. The appeal has already been admitted. During pendency of the appeal the appellant-wife with S 2 her children has filed the civil application no.260 of 2008 for enhancement of the maintenance. There is no dispute that all the children are now major and, therefore, learned counsel for the appellant does not press for maintenance to the children. The respondent-husband is present in the court. 2. Learned counsel for the parties have fairly stated that we need not record detailed reasons for disposing of the appeal and they have agreed for the following order: (a) The respondent-husband shall pay monthly maintenance of Rs.4,000/- to the appellant-wife on or before 10th of every month from the date of this order. He shall deposit the amount of monthly maintenance in the Family Court. Learned counsel for the respondent-husband, on instructions, submits that he will deposit monthly maintenance for the month of January and February, 2010, on or before 10th February, 2010, in the family court. Her statement is accepted. The appellant-wife will have liberty to withdraw the said amount unconditionally. (b) Insofar as arrears of maintenance are concerned, which according to the appellant-wife as of today are Rs.1,01,000/- and according to the respondent-husband are about Rs.95,000/-, the respondent-husband is directed to deposit the same in the Family Court, in six equal instalments, within a period of six 3 months starting from 1st March, 2010. The respondent-husband shall deposit the first instalment of arrears on 10th March, 2010, in the family court. The appellant-wife shall have liberty to withdraw the same unconditionally. The learned counsel for the appellant-wife to furnish statement of arrears to the learned counsel for the respondent-husband within a period of one week from today. If the respondent-husband disputes the statement of arrears, his advocate to get back to the advocate for the appellant-wife with his statement of arrears within a period of one week therefrom. Counsel for the parties have agreed to settle the final figure of arrears amicably, which the respondent- husband has agreed to clear within the stipulated period of six months. (c) Since the respondent-husband has no permanent place of residence he shall keep inform his address to the appellant-wife as and when there is any change in his residential address. The appeal is, accordingly, disposed of. No costs. Consequently, the civil application is also disposed of. (R.Y.Ganoo,J.) (D. B. Bhosale, J.)