: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.7 OF 2008 WITH CIVIL APPLICATION 11 OF 2008 Chandrashekhar R. Kansare ....Appellant V/s. Mrs.Jayashree C. Kansare ....Respondent Mr.Mandar Limaye with Mr.Mahendra Agavekar i/b Mr.S.S. Deshpande for the Appellant. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATED : 21ST APRIL, 2009. P.C. : 1. Both the spouses are present before us. 2. This Appeal filed under Section 19 of the Family Court Act by the husband arises from the judgment and order dated 1.9.2007 rendered by the Family Court, Mumbai directing the Appellant to pay to the wife a sum of Rs.3000/- per month for herself and Rs.2000/- per month for minor daughter Arya as maintenance with effect from 27.4.2006. 3. In our order dated 25.9.2008, we have noted that the parties were staying together during the pendency of the appeal and therefore, time was granted to them to reconcile. 4. We have talked to the wife today and she : 2 : states that for the last about one year both of them have been staying separately in a rented room located in the neighbourhood of her paternal home and the daughter is of about three years of age. The husband is employed in the Indian Navy. The wife stated before us that during the last one year, there has been no dispute and she has nothing to complain about. 5. Mr.Limaye also stated that the husband had filed a separate petition registered as Petition (Stamp) No.102035 of 2006 before the Family Court and the same is still pending. The husband has undertaken before us that he will approach the Family Court within two weeks time and get the appeal disposed off as withdrawn. 6. As the parties have been staying together for the last more than one year and they are staying happily, nothing further survives in the impugned order directing to pay the maintenance. 7. Hence the appeal is allowed by consent and the order passed by the Family Court in Petition No.C-79 of 2006 is hereby quashed and set aside as not pressed for. The Civil Application does not survive. : 3 : (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)