1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 113 OF 2008 with CIVIL APPLICATION NO.108 OF 2009 Asha Vijay Survade .... Appellant Versus Vijay Gangaram Survade ....Respondent. Mrs. Geeta P. Mulekar for the Appellant. Mr. G. K. Karkera for the Respondent. CORAM : P. B. MAJMUDAR & R. V. MORE, JJ. DATED : 31st AUGUST, 2009. P.C.: The Appellant is the Original Petitioner before the Family Court in the Petition No. C-179 of 2004. The said petition was filed by the Appellant under section 18 of the Hindu Adoption and Maintenance Act, 1956 for claiming Rs.10,000/- p.m. as maintenance from the Respondent and for other reliefs. The Family Court found that the Appellant has failed to prove that there is a valid marriage existing between the parties. The Family Court accordingly came to the conclusion that the Appellant is not entitled to decree under section 18 of the Hindu Adoption and Maintenance Act,1956 which order is impugned in this Appeal. It is pointed out to the Court that during the pendency of this Appeal, a D.N.A. Test of the parties and their daughter viz. Jayshree was undertaken and the report of the D.N.A. Test is received by the Court which proves that the Respondent viz. Vijay Gangaram Survade is the Biological 2 Father of the daughter-Jayshree. Today, during the course of hearing, the Appellant and Respondent are present in the Court alongwith their respective Advocates. It is submitted by the learned Advocates that the parties have settled their dispute. The Consent Terms duly signed by the parties are taken on record and marked as Exhibit “1” for identification. As per the Consent Terms, the Respondent has agreed to pay in all Rs. 5,75,000/- to the Appellant. The said amount to be paid in three installments as provided in clause 3 of the Consent Terms. The Respondent through his Advocate has assured the Court that the said Demand Drafts shall be encashed on presentation and he orally undertakes to abide by the said Consent Terms. The order of the Family Court is accordingly, substituted by the present Consent Terms and the parties are directed to abide by the same. In case, if any breach is committed by the Respondent in any manner regarding payment of the necessary installments, it will be open to the Appellant to file a note for reviving the Appeal and in that circumstances, the Appeal shall be restored to file and taken for hearing on its own merit. The Appellant and Respondent are present before the Court and they have been identified by their respective Advocates and they admit the Consent Terms. The Appellant who is present before the Court has also submitted that she has been explained the Consent Terms in Marathi language and she accepts the Consent Terms. The Registry is directed to provide a copy of the D.N.A. Test, free of cost to the Appellant. The Appeal is accordingly disposed of, in the light of the said Consent Terms and in view of what has been stated above. 2. In view of the disposal of the Family Court Appeal, the Civil Application will not survive and therefore, the same is disposed of. Sd/- Sd/- (R. V. MORE, J.) (P. B. MAJMUDAR, J.)