JUDGMENT : K.R. Mohapatra, J. The unsuccessful husband-appellant has filed this appeal assailing the judgment dated 31.8.2012 passed by the learned Judge, Family Court, Sambalpur in Matrimonial Case No. 13/36 of 2008-2012 dismissing the application filed by him under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955 (for short ‘the Act’). 2. Marriage between the parties to this appeal was solemnized on 5.7.2000 at Brahmapura Temple in the district of Sambalpur as per the Hindu customs and rites. Out of their wedlock, they were blessed with a male child on 28.3.2001. The appellant was earning his livelihood as Purohit (Priest). Due to unnecessary interference of his in-laws, the respondent (for short ‘the wife’) was quarreling with the appellant (for short ‘the husband) and her in-laws frequently. She used to leave her matrimonial home without any intimation either to the husband or to the in-laws to visit her parental house at Jharsuguda. In order to avoid disturbance in the family, both husband and wife started living in a rented house at Bhatra in the district of Sambalpur, but to the utter dismay of the husband, there was no improvement in the behaviour of the wife. Situation became worse, when she lodged a written report against her husband at Mahilla Police Station, Sambalpur on 25.3.2006 making false and frivolous allegations. However, the difference between the couple was compromised at the Police Station and she gave an undertaking to behave properly at the matrimonial home and accommodate with her husband. However, on 2.5.2006, when the husband was absent at home, she left matrimonial home with her minor son to her parental house without intimating the husband. The husband tried his best to conciliate the matter and resume their matrimonial life. When the husband had gone to his in-laws’ house to bring his wife back, he was manhandled by his in-laws. Hence, finding no hope to lead a conjugal life, the husband filed the aforesaid matrimonial case. 3. The respondent on appearance filed her show cause refuting the assertions and averments made in the petition under Section 13 of the Act. She alleged that the husband was picking up quarrel with her on trivial issues and was also in the habit of quarrelling in the society. She had lodged an F.I.R. before Mahilla Police Station, Sambalpur as she was mercilessly assaulted by her husband for no fault. She alleged that the husband was picking up quarrel with her on trivial issues and was also in the habit of quarrelling in the society. She had lodged an F.I.R. before Mahilla Police Station, Sambalpur as she was mercilessly assaulted by her husband for no fault. However, it was compromised and they stayed together. Subsequently, her husband drove her out from the rented house with her son for which they have taken shelter in her parental home at Jharsuguda. She also contended in her show cause that on 11.6.2008, due to intervention of the relatives of both families, there was amicable settlement in the meeting held on 11.6.2008 at Barhampura Mandap, Sambalpur. Pursuant to the said compromise, both of them with their minor son started living at Bhatra in a rented house. But, on 6.8.2008, her husband left her at Railway Station at Sambalpur and on the next day, she found her son at Anath Ashram (orphanage) at Hirakud. She never deserted her matrimonial home voluntarily, as alleged. She was virtually driven out from her matrimonial home with minor son. Hence, she prayed for dismissal of the matrimonial case. 4. On assessment of the pleadings, materials available on record and considering the submission made, learned Judge, Family Court, Sambalpur vide order dated 31.8.2012 dismissed the petition under Section 13(1)(i)(a) of the Act (Matrimonial Case No. 13/36 of 2008-2012) and directed the husband to pay a monthly maintenance of Rs. 2000/-to the respondent from the date of the said order. Hence, this appeal has been filed. 5. During pendency of the matrimonial appeal, this Court made consistent attempt and endeavour to re-unite the couple and bring an amicable settlement to the matrimonial discord between the parties. In course of hearing on 25.2.2016, learned counsel for the respondent submitted that the wife is not agreeable to stay with her husband. This Court observing that marriage between the spouses has been broken down irretrievably beyond repair, requested both the parties to take appropriate steps to bring a logical end to the matrimonial discord. Accordingly, parties to this appeal filed a petition under Section 13-B of the Act (Misc. Case No. 179 of 2016), with a prayer to grant a decree of divorce on mutual consent between the parties to the appeal by dissolving their marriage as per the agreed terms and conditions detailed in the misc. case. Accordingly, parties to this appeal filed a petition under Section 13-B of the Act (Misc. Case No. 179 of 2016), with a prayer to grant a decree of divorce on mutual consent between the parties to the appeal by dissolving their marriage as per the agreed terms and conditions detailed in the misc. case. The terms and conditions of dissolution of marriage between the parties on mutual consent have been slated down at para-6 of the misc. case, which is quoted herein below: “6. That the parties have now decided to dissolve the marriage legally through a decree of divorce on mutual consent. The parties have settled all their claims, counter claims etc. and the respondent wife agreed to receive a sum of Rs.3,00,000.00 (Rupees three lacs) only as permanent alimony, maintenance etc. and there is no due with regard to any other claim between the parties now. Out of the said agreed amount a sum of Rs.2,00,000/- (Rupees two lacs) only is to be paid in shape of Demand Draft in favour of wife Smt. Arati Padhee. The rest sum of Rs.1,00,000/- (Rupees one lac) only is to be paid by seven numbers of post dated cheques in favour of the son Sri Naresh Kumar Padhee. The aforesaid demand draft and post dated cheques will be handed over the Respondent wife before this Hon’ble Court on the next date of posting. The mutual divorce will be effected on receiving the permanent alimony.” 6. It appears that when this matrimonial appeal came up on 26.10.2016, parties along with their counsel appeared and reiterated the prayer for dissolution of marriage by a decree of divorce on mutual consent. As per the terms and conditions quoted herein above, the husband had come up with a Demand Draft of Rs.2,00,000/- and seven postdated cheques of United Bank of India of different dates for residual amount. On hearing the parties and their respective counsels, this Court vide order dated 26.10.2016 directed as under: “The husband and wife has come out with an outside Court settlement of all the lis on payment of Rs.3,00,000/- (Rupees three lakh only). Spouses along with their counsel are present. Today the husband has tendered a Demand Draft of Rs.2,00,000/- (Rupees two lakh only) standing in the name of wife-Arati Mohanty of Axis Bank Ltd. dated 25.10.2016 having No.067746. Spouses along with their counsel are present. Today the husband has tendered a Demand Draft of Rs.2,00,000/- (Rupees two lakh only) standing in the name of wife-Arati Mohanty of Axis Bank Ltd. dated 25.10.2016 having No.067746. He has also given seven cheques of United Bank of India from account No. 1446010005463 bearing Cheque Nos. 549868, 549869, 549870, 549871, 549872, 549873 and 549874. The first cheque is of Rs.10,000/- (Rupees ten thousand only) and rest of the six cheques are of Rs.15,000/-(Rupees fifteen thousand only). All the cheques are dated 20.12.2016, 20.01.2017, 20.02.2017, 20.03.2017, 20.04.2017, 20.05.2017 and 20.06.2017 respectively. The aforesaid demand draft and cheques of Axis Bank Ltd. as well as United Bank of India referred to above were handed to the wife in the presence of her Advocate. She is also directed to make an endorsement in the order sheet of the record regarding receipt of the aforesaid demand draft and cheques. The amount of Rs.1,000/-(Rupees one thousand), which is deposited in the Registry, is also directed to be handed over to the wife. 7. Parties to the appeal and their respective counsel expressed that they have no other grievances against each other. The wife-respondent received the demand draft as well as the cheques, as detailed above, and gave an endorsement to that effect in the order sheet. 8. In that view of the matter, the impugned judgment is set aside and the appeal is allowed with a direction that marriage between the parties to this appeal is dissolved by a decree of divorce on mutual consent subject to payment of permanent alimony for an amount of Rs.3,00,000/- (Rupees three lakh) which the wife has already received to her satisfaction. Disposal of this appeal brings an end to all the disputes and litigations between the parties arising out of their marriage. In the circumstances, there shall be no order as to costs. Vinod Prasad, J. I agree.