1 fca105.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.105 OF 2011 WITH CIVIL APPLICATION NO.208 OF 2011 IN FCA 105 OF 2011 AND FAMILY COURT APPEAL NO.68 OF 2011 WITH CIVIL APPLICATION NO.115 OF 2011 IN FCA NO.68 OF 2011 Mrs.Anuradha Joshi .. Appellant. Vs. Dr.Prakash Vinayak Joshi & Anr. .. Respondents. Mr.Tejesh Dande for the petitioner. Mr.Nitin Deshpande for respondent no.1. CORAM : D.B.BHOSALE & M.L.TAHALIYANI, JJ. DATED : 10TH OCTOBER, 2011 P.C. 1. Leave to delete respondent no.2 and to add Madhav Prakash Joshi and Vikas Prakash Joshi as respondent nos.2 and 3 is granted. Amendment to be carried out forthwith. Respondent nos.2 and 3 are present in the court and appear in person. 2. Heard learned counsel for the parties. 3. Learned counsel for the parties and respondent nos.2 and 3 state that the parties have amicably settled their all disputes and they have tendered consent terms with annexures duly signed by them and the parties. The consent terms with annexures are taken on S 2 fca105.11 record and marked “X” for identification. 4. The parties with their two sons, namely, Madhav Prakash Joshi and Vikas Prakash Joshi are present in the court. They all state that they have gone through the consent terms carefully and they have understood the contents thereof. They all understand English very well. 5. The judgment and decree, impugned in the present appeal stands substituted by a decree of divorce by mutual consent as provided for in the consent terms. 6. The respondent – Dr.Prakash Vinayak Joshi undertakes to pay the amounts as stated in the consent terms within a period of three days from the date of encashment of 17 Fixed Deposits. He undertakes to deposit the amount of the appellant-wife and two sons share in this court, which would be equal to 2/3rd of total maturity amount. He shall encash the fixed deposits and deposit the amounts only on the appellant-wife and their children withdrawing the suit for partition and so also Appeal from Order and the proceedings under the Domestic Violence Act as stated in the consent terms within a period of two weeks from today. The appellant-wife has given no objection on 17 fixed deposit receipts today in the court for their encashment. The respondent-husband is directed not to encash these fixed deposits till the Suit, Appeal from Order and proceedings under the Domestic Violence Act are withdrawn by the appellant-wife. The appellant-wife undertakes to inform the respondent-husband about withdrawal immediately through her advocate. It is open to the 3 fca105.11 parties to communicate this order to the bank and all other concerned, if necessary. 7. All statements made by the parties and undertakings given in the consent terms are accepted. The respondent-husband is further directed to furnish statements of the amounts received by him on encashment of the fixed deposits through his advocate in writing to the appellant-wife within a period of one week from the date of encashment. The appeal is disposed of in terms of the consent terms. Decree be drawn up accordingly. Certified copy expedited. (M.L.TAHALIYANI,J.) (D.B.BHOSALE,J.)