:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 71 OF 2008 IN FAMILY COURT APPEAL NO. 77 OF 2005 Mrs. Kiran Kishor Mahadik ..Applicant Vs. Kishor Vishnu Mahadik ..Respondent Mr. Sameer Tendulkar for applicant. Mr. Y.S. Bhate for respondent. CORAM: B.H. MARLAPALLE & CORAM: B.H. MARLAPALLE & CORAM: B.H. MARLAPALLE & D.B. BHOSALE,JJ. D.B. BHOSALE,JJ. D.B. BHOSALE,JJ. Dated: August 26, 2008. Dated: August 26, 2008. Dated: August 26, 2008. P.C.: P.C.: P.C.: 1. Further to the order passed by us on 29/7/2008 in this application, Mr. Bhate the learned counsel for the respondent-husband has pointed out that the maintenance amount as directed by the Family Court has been cleared upto April, 2005. He further stated that an amount of Rs.1,34,500/- is going to be deposited by the husband with the Family Court today or tomorrow and that would clear the arrears of payment of maintenance till August, 2008. This is subject to verification by Mr. Tendulkar, the learned counsel :2: for the applicant. 2. The decree of divorce granted by the Family Court in favour of the respondent-husband is under challenge in Family Court Appeal No. 77 of 2005 filed by the wife. With the assistance of their learned Advocates, both the spouses have agreed for a divorce by consent and on the condition that the husband would pay an amount of Rs.5,00,000/- (Rupees Five Lakhs only) over and above the maintenance amount already deposited or to be deposited, as noted hereinabove. The husband has agreed to deposit an amount of Rs.3,00,000/- with the Registry of this court on or before 31/12/2008 and on such a deposit, the Registrar (Judicial) shall invest the said amount in the name of Ameya (son) with his mother as the guardian with a nationalised bank and till the time the son attends majority. Undoubtedly, the mother will be entitled to withdraw the quarterly interest on such fixed deposit for the maintenance of the son and his educational expenses etc. The balance amount of Rs.2,00,000/- shall be paid by Demand Draft by the husband to the wife by the end of February, 2009. On deposit of :3: Rs.3,00,000/- with the Registry of this court and payment of Rs.2,00,000/- to the wife, the Registry will grant a decree of divorce by consent under Section 13-B of the Family Courts Act. At the same time each of them shall withdraw any allegations made against the other and if any cases have been filed before any court or police station, such cases shall also be withdrawn before 7th of March, 2009. 3. List the appeal for its disposal on 9th March, 2009. (D.B. Bhosale,J.) (D.B. Bhosale,J.) (D.B. Bhosale,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)