:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 129 OF 2007 WITH CIVIL APPLICATION NO. 175 OF 2007 Mrs. A ..Appellant Vs. Mr. B ..Respondent Mr. Anand Grover with Mr. Abhay Sharma for appellant-wife. Ms. Seema Sarnaik for respondent-husband. CORAM: CORAM: CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. B.H. MARLAPALLE & D.G. KARNIK,JJ. B.H. MARLAPALLE & D.G. KARNIK,JJ. Date Date Date : February 24, 2009. : February 24, 2009. : February 24, 2009. P.C.: P.C.: P.C.: 1. This appeal arises from the Judgment and Order dated 15/12/2006 rendered by the Family Court at Pune thereby allowing Petition No. A-477 of 2005 filed by the husband (Mr.X before the Family Court) and granting a decree of divorce under Section 10(v) and (x) of the Divorce Act, 1869. The parties were married on 29/12/1993 as per the rites and rituals of Christian religion and from the said wedlock they begotten a daughter by name Rachana who is presently :2: about 14 years of age and studying in 8th standard. It appears that during the second pregnancy, the wife wad detected to have fallen a victim of HIV positive and while she was working as a Nurse with the private Hospital at Pune and the husband, therefore, filed a petition for divorce on the ground of cruelty (Section 10(1)(x)) and on the ground that the wife was suffering from a decease in a communicable form (Section 10(1)(v). The husband’s petition came to be accepted and the daughter’s custody was directed to remain jointly. The husband was directed to pay Rs.2500/- per month as maintenance to the wife and Rs.1500/- per month towards rent for providing separate residential house for the wife. The wife, being aggrieved by the quantum of maintenance and rental compensation, filed the instant appeal which came to be admitted by this court on 30/7/2007. The appellant filed Civil Application No. 175 of 2007 for injunction. 2. We heard the parties from time to time and they had sought time on more than one occasions for an amicable settlement. We have also talked to the daughter. With the assistance of their learned :3: Advocates, the parties have succeeded in arriving at an amicable settlement and the terms and conditions of the same have been reduced in writing in the form of "Consent Terms" which have been signed by both the parties along with their learned Advocates. The parties are present before us and they have verified the consent terms. They have stated before us that the consent terms have been understood by them and the settlement has been voluntarily and without any coercion or force. The consent terms are taken on record and marked "X" for identification. 3. By consent, the decree of divorce granted by the Family court stands confirmed and the custody of daughter - Rachana shall be with the respondent. However, the daughter will stay with the respondent from Monday to Friday and she will stay with the appellant on Saturday and Sunday of every week. So far as the vacations are concerned, during the first half of each of the vacations, the daughter will stay with the appellant and for the remaining half she will stay with the respondent. In addition, as and when the daughter wants to meet the appellant on any day she will be free to do so. So far as the maintenance :4: is concerned, the respondent has agreed to pay an amount of Rs.3000/- per month and the said amount shall be paid on or before the 10th day of every month to the appellant by depositing in the bank account as to be intimated. The arrears of maintenance for the month of January 2009 at Rs.2500/- shall be paid in March, 2009 along with the maintenance amount of Rs.3000/- for March, 2009 and the maintenance for the month of February 2009 shall be paid at Rs.3000/- along with the full and final amount of April, 2009. The maintenance amount for the month of May, 2009 on wards shall be paid by 10th of every month. For the residential arrangement of the appellant, the respondent has already entered into an agreement for lease/leave and licence. The agreement has been signed in his name and he has also paid an amount of Rs.25000/- by way of deposit. In addition, he has agreed to pay an amount of Rs.5000/- per month towards rent for the same premises. We are informed that the appellant has already shifted in the said premises along with her belongings. 4. We are satisfied that the consent terms served the interest and welfare of both the parties and the :5: same are found to be fair and reasonable. Each of the parties shall be bound by the consent terms. 5. Hence, we allow the appeal partly by revising the amount of maintenance and rental charges, as stated in the consent terms, and confirmed the decree of divorce. The impugned decree to be substituted by a decree in the form of the consent terms and the Registry to issue fresh decree accordingly. 6. Consequently, ad-interim orders stand vacated. Civil Application No. 175 of 2007 does not survive and disposed as such. Costs in cause. (D.G. (D.G. (D.G. Karnik,J.) Karnik,J.) Karnik,J.) (B.H. (B.H. (B.H. Marlapalle,J.) Marlapalle,J.) Marlapalle,J.)