JUDGMENT 1. 1. For the final settlement having been arrived at between the parties in mediation proceedings, at the request of all concerned, these two appeals are taken up for final disposal by this common order. 2. These two appeals by the husband to a failed marriage are directed against the common judgment and order dated 18.12.2010 as passed by the Judge, Family Court, Ajmer in two proceedings: one being the petition under Section 13 of the Hindu Marriage Act as filed by the respondent-wife (Case No.214/2009); and another being the petition under Section 9 of the Hindu Marriage Act as filed by the appellant-husband (Case No.177/2009). 3. The learned Judge, Family Court, after being satisfied of existence of ground for dissolution of marriage, proceeded to allow the petition filed by the respondent-wife and ordered dissolution of marriage of the parties by a decree of divorce. As a natural consequence, the petition filed by the appellant-husband for restitution of conjugal rights was dismissed. The learned Judge, Family Court ordered in the impugned order as under:- " izkFkhZ;k vfurk }kjk izLrqr ;kfpdk vUrxZr /kkjk 13 fgUnw fookg vf/kfu;e izdj.k la[;k 214@2009 Lohdkj dh tkrh gS rFkk izkFkhZ;k vfurk o vizkFkhZ fujatu ekykdkj ds e/; fnukad 13-2-2006 dks fgUnw jhfr fjokt ds vuqlkj vtesj esa lEiUu gqvk fookg vkt dh frfFk ls fo?kfVr fd;k tkrk gS ,oa izkFkhZ;k vfurk ds i{k esa vizkFkhZ fujatu ekykdkj ds fo:) fookg foPNsn dh fMdzh ikfjr dh tkrh gSA vizkFkhZ fujatu ekykdkj dh ;kfpdk vUrxZr /kkjk 9 fgUnw fookg vf/kfu;e izdj.k la[;k 177@2009 ckcr~ nkEiR; lEcU/kksa dh iquZLFkkiuk vLohdkj dj [kkfjt dh tkrh gSA fu.kZ;uqlkj fMdzh rS;kj dh tkosA " 4. The appellant-husband has preferred these two appeals against the aforesaid common order dated 18.12.2010. In these appeals, the parties were referred to mediation; and it appears from the report of the Mediator and from the submissions made before us that with serious and sincere efforts in the Mediation Centre, the parties were able to arrive at a consensus so as to finally resolve the matter and to put an end to all the pending litigations. The Mediator's report dated 08.04.2013, as sent to this Court duly signed by the appellant and respondent, carries the following as the essential terms and stipulations of the settlement between the parties:- "(1) That the appellant Mr. The Mediator's report dated 08.04.2013, as sent to this Court duly signed by the appellant and respondent, carries the following as the essential terms and stipulations of the settlement between the parties:- "(1) That the appellant Mr. Niranjan Malakar will not press both the appeals filed by him and thereby the judgment and decree passed by the Family Court Ajmer shall become final and the appeals filed by Mr. Niranjan Malakar shall stand disposed off as not pressed. (2) That the parties have agreed in this matter for Rs. 2,25000=00 i.e. Two Lacs and twenty five thousand as permanent alimony against this agreed amount the appellant will pay to the respondent Rs. 125,000/- i.e. One lac and twenty five thousand by way of a demand draft in the name of respondent Mrs. Anita before the Hon'ble High Court and remaining Rs. 100000=00 i.e. One lac the appellant will pay to Mrs. Anita respondent after two months from date of first payment before the Sessions Court i.e. Additional Distt. & Sessions Judge No. 3 Ajmer; on receipt of this payment of Rs. One lac, the ADJ No. 3 Ajmer shall dispose of the appeal on the basis of this settlement. (3) That the maintenance petition which (is) pending before the Family Court, Ajmer shall also be disposed of by the Family Court, Ajmer on the basis of this settlement. The aforesaid payment of Rs. 2,25,000=00 (two lac and twenty five thousand) is inclusive of all due and future maintenance. The respondent after receipt of this payment will not be entitled for any other payment from the appellant against maintenance. (4) That there is no other litigation pending between the parties in any Court in Rajasthan or elsewhere in India." 5. As regards compliance of the monetary part of the settlement aforesaid, the appellant was granted time by this Court on a few occasions. Lastly, when the matter came up before this court yesterday i.e., 09.07.2013, the appellant made the payment of a sum of Rs. 1,00,000/- to the respondent and assured to make payment of remaining amount of Rs. 25,000/- by this date i.e., 10.07.2013. The appellant also made payment of an amount of Rs. 5,000/- to the respondent to defray the expenditure incurred by her in attending the dates of hearing in these appeals. 6. The remaining amount of Rs. 1,00,000/- to the respondent and assured to make payment of remaining amount of Rs. 25,000/- by this date i.e., 10.07.2013. The appellant also made payment of an amount of Rs. 5,000/- to the respondent to defray the expenditure incurred by her in attending the dates of hearing in these appeals. 6. The remaining amount of Rs. 25,000/- has, indeed, been paid by the appellant today in the Court to the respondent, which is duly acknowledged by the respondent. 7. Thus, it is an admitted position of the parties that one of the essential terms of settlement has been carried out by the appellant and he has made payment of an amount of Rs. 1,25,000/- to the respondent towards permanent alimony. 8. So far the present appeals are concerned, the appellant is not pressing on the same as per the terms of settlement and, therefore, these appeals are required to be dismissed as not pressed while taking note of the terms of the settlement as also the part carried out. With this, the decree of divorce as granted by the Family Court, Ajmer shall stand affirmed. 9. However, before parting with the matter, it appears appropriate to take note of the submissions made on behalf of the appellant that he shall try to make payment of the remaining amount of Rs. 1,00,000/- at the earliest and in any case, by the next date fixed in the pending appeal at Ajmer i.e., 24th inst.; and the parties agree that they would remain present before the Appellate Court concerned on 24th inst. so that the other part of settlement, as mentioned in the second part of paragraph-2 of the terms of settlement (supra), may also be carried out. 10. As regards paragraph-3 of the terms of settlement, it is considered appropriate to observe that when it is agreed to by the parties that the final settlement amount of Rs. 2,25,000/- is inclusive of due and future maintenance too, the proceedings for recovery of the amount towards maintenance, said to be pending in the Family Court, Ajmer may be adjourned sine die without enforcement of any process; and if at all there be any necessity, it would be open for the Family Court, Ajmer to consider revival of such proceedings after due notice to the parties.Subject to and with the observations aforesaid, these appeals stand dismissed as not pressed. No costs.Appeal Dismissed. *******