1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Family Court Appeal No.60 of 2006 With Civil Application No.44 of 2007 And Civil Application No.257 of 2006 Geeta Naresh Kanparia Appellant Vs. Naresh Khoda Kanparia Respondent With Family Court Appeal No.61 of 2006 With Civil Application No.258 of 2006 Naresh Khoda Kanparia Appellant Vs. Geeta Naresh Kanparia Respondent Mr.Harihar Bhave i/b. Bhave & Co. for wife. Mr.A.R.Pandey for husband. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. August 27, 2008 P.C. 1. These appeals arise from the judgment and order dated 19/1/2006 rendered by the Family Court at Mumbai. Petition No.A-1302 of 2002 filed by the husband was allowed by dissolution of marriage in terms of decree of divorce under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955. The husband was directed to pay maintenance of Rs.2500/- per month to the wife for herself and her minor 2 daughter from the date of the order dated 19/1/2006. In Family Court Appeal No.60 of 2006 the wife has challenged the decree of divorce and in Family Court Appeal No.61 of 2006, the husband has challenged the amount of maintenance fixed at Rs.2,500/- per month. Both the appeals have been admitted. 2. During the pendency of these appeals the parties, with the assistance of their learned Advocates, continued their efforts to settle the matrimonial dispute amicably and they succeeded in the same. 3. Settlement terms in the form of Consent Terms duly signed and verified have been placed before us. The settlement is taken on record and marked as "X" for identification. The parties decided to dissolve the marriage by consent on the terms and conditions set out in the settlement. The husband has agreed to pay an amount of Rs,9,00,000/- (Rupees nine lakhs only) and the Demand Drafts for the said amount drawn in the name of the wife and the daughter have been handed over to Mr.Bhave, the learned counsel for the wife today in the Court. Out of the said amount of Rs.9,00,000/-, an amount of Rs.4,00,000/- (Rupees four 3 lakhs only) is for the daughter which has been agreed to be invested in National Saving Certificates and utilised for the marriage of the daughter as well as for her higher education. We are informed that the daughter is of the age of nine years. Undoubtedly, the National Saving Certificates will be renewed from time to time, if so required. The parties have also prayed for a decree of divorce by consent and disposal of the appeals in terms of the settlement arrived between the parties. 4. Undoubtedly, the Consent Terms are binding on the respective spouses and the wife more particularly undertakes to ensure that the amount of Rs.4 lakhs is invested in National Savings Certificates as provided in the settlement. We accept the settlement terms. Wife to open fresh Bank account in her matrimonial name for encashment of the Demand Draft. Let it be noted that these settlement terms shall be without prejudice to the rights of the daughter as the legal representative of her father. 5. The Registry is directed to issue a decree of divorce by consent under Section 13-B of the Hindu Marriage Act, 1955 and the impugned decree of divorce 4 will stand set aside to the extent of divorce granted under Section 13(1)(i-a)(i-b) of the Act and shall stand replaced by a decree of divorce by consent. 6. Appeals as well as Civil Applications stand disposed off in terms of the above order. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)