IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.241 OF 2009 IN FAMILY COURT APPEAL NO.178 OF 2009 SHYAMSUNDER NARAYAN ANGRE ..APPLICANT VS. RASHMI SHYAMSUNDER ANGRE & Anr. ..RESPONDENTS Mr. Ditendra Mishra for the Applicant Mr. Dinesh B. Parmar for the Respondents CORAM: D.B.BHOSALE AND R.Y.GANOO, JJ. DATE : 4TH FEBRUARY, 2010 P.C. 1. Heard Learned Counsel for the parties. 2. By this Civil Application the husband has prayed for modification of paragraph 3(b) of the Consent Terms dated 8th October, 2009 filed in FCA No.178 of 2009 (FCA St. No. 21437 of 2007). After the Consent Terms were filed on 8th October 2009, the following order was passed: “Today, the parties have filed consent terms, by which, it is mutually agreed that in case the appellant pays in all Rs.18,50,000/- towards permanent alimony to the respondent-wife, the latter is willing to give divorce by mutual consent to the appellant. However, since in the consent terms, permanent alimony is to be paid by various installments and till last installment is paid, it may not be possible for the parties to straight away put to an end to this appeal, as this court is required to modify the order passed by the trial Court by granting divorce by mutual consent. In view of the condition in clause No.9 of the consent terms and in view of the request made on behalf of the both the learned counsel, the appeal is adjourned for admission after 17.04.2010. It will be open for the parties to mention for taking the matter on board moment the last installment is paid. 3. Learned Counsel have agreed for modification of paragraph 3(b) in following terms: (a) The parties have agreed that 5th and 6th installments of Rs.3,00,000/- each to be paid on 17th March 2010 and 17th April 2010, shall be invested by the Appellant in a Nationalised Bank in favour of Respondent No.2-Mayuri Angre, the daughter of Appellant and Respondent No.1, showing Respondent No.1 as her guardian. Appellant shall accordingly, invest the 5th and 6th installment of Rs. 3,00,000/- each in a Nationalised Bank for the period of three years and hand over the Fixed Deposit Receipts to Respondent No.1 on or about 17th March 2010 and 17th April 2010. 4. It is made clear that all the other terms mentioned in the Consent Terms shall remain unaltered. 5. The Civil Application is disposed of. (R.Y.Ganoo, J.) (D.B.Bhosale, J)