* 1 * FCA-178/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 178 OF 2009 IN PETITION NO. A-562 OF 2003 Shyamsunder Narayan Angre .........Appellant V/S. Rashmi Shyamsunder Angre & anr. ..........Respondent ------------- Mr. Ditendra Mishra, adv.for the appellant. Mr. Rohit Sharma, adv.for the respondent. Coram : A.P. Deshpande, & : Smt. R.P. SondurBaldota, JJ. Dated : 29 th April, 2010. P.C. : 1. This Family Court Appeal is filed by the husband taking an exception to the judgment and decree passed by the Family Court dismissing a petition filed by him seeking dissolution of marriage by a decree of divorce on the ground of cruelty and dessertion. The Family Court vide its judgment and decree though dismissed the petition for divorce filed by the husband, did grant maintenance of Rs.6,500/- per month each to the wife and the daughter. 2. The parties have resolved the dispute during the pendency of the appeal and have filed consent terms. Under the consent terms, the parties * 2 * FCA-178/09 have agreed for divorce by mutual consent by taking recourse to the provisions of Section 13(b) of the Hindu Marriage Act. By mutual consent, the parties have agreed on permanent alimony payable by the appellant to the respondent and her daughter. Under the consent terms, the appellant had paid a sum of Rs.18,50,000/-, out of which sum of Rs.12,50,000/- has been paid to the wife, whereas, Rs.6,00,000/- has been paid to the daughter. The amount of Rs.6,00,000/- has been invested in a Fixed Deposit in Dena Bank. The learned counsel for the respondent, admits the payment of the amount on instructions from his client, who is present in the court. The parties have also applied for amendment of the Memo of Appeal seeking a decree of divorce by mutual consent. 3. The parties are residing separately for last more than seven years. According to the learned counsel appearing for the respective parties, the marriage is irretrievably broken down and hence a joint prayer is made for dissolution of marriage by a decree of divorce by mutual consent. The consent terms, so also, the amendment application is taken on record and marked `X’ and `Y’ respectively for identification. 4. As the respondents have agreed to accept the permanent alimony, the said payment of Rs.18,50,000/- is towards full and final settlement of all the claims of the respondents. In view of the joint request made by the learned counsel for the respective parties, the appeal stands allowed in terms of the consent terms. The consent terms shall substitute the decree passed by the Family Court. We declare that the marriage of the appellant * 3 * FCA-178/09 with the respondent solemnized on 29th April, 1991 stands dissolved by a decree of divorce by mutual consent under Section 13(b) of the Hindu Marriage Act. The appeal stands disposed off accordingly. [Smt. R.P. SondurBaldota, J] [A.P. Deshpande, J]