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2021 DIGILAW 375 (CHH)

Ashok Kumar S/o Late Shri Radhamal v. Renu Rajesh W/o Shri Ashok Kumar

2021-12-15

GOUTAM BHADURI, RAJANI DUBEY

body2021
JUDGMENT : Goutam Bhaduri, J. Heard. 1. Learned counsel for the appellant would submit that the appeal was referred to the mediator and the parties have come to a settlement to dissolve the marriage on certain conditions which are embodied in the mediation report. It is further contended that there is irretrievable break down of marriage as husband and wife cannot live together to continue their matrimonial life and 2 demand drafts of total of Rs. 5,50,000/-are placed before this Court which is a part of settlement of the matrimonial dispute to dissolve the same. 2. Having considered the submission of the parties and after going through the mediation settlement arrived by the mediator, it shows that there is irretrievable break down of marriage and both the parties are living separately since 2010. In consequence thereof the application which was preferred by the husband before the family court on 24.01.2012 read with mediation settlement is considered to be an application for mutual divorce under Section 13 of the Hindu Marriage Act, 1955 and as per mediation settlement since both the parties have agreed to dissolve the marriage dated 29.04.2007 the marriage is here by dissolved by decree of divorce. 3. The amount drafts of Rs. 5,50,000/-is handed over to the counsel. The acknowledgment be done in the order sheet. 4. The terms of the settlement shall be part of the decree which are as follows:- i. That, the first party/appellant is deposing a bank draft of Rs. 5,00,000/-(Rupees Five Lac only) of Punjab National Bank, Branch Magar Para Road, Bilaspur bearing No. 865094 dated 06.12.2021 and another bank draft of Rs, 50,000/-(Rs. Fifty thousand only) of Punjab National Bank, Branch Raipur Tatibandh, bearing No. 793601 dated 07.12.2021 in favour of the second party/respondent Smt. Renu Rajesh. The aforesaid total amount Rs. 5,50,000/-referred in the bank drafts would be the amount of final settlement. ii. That, there is no any kind of articles is to be received by the second party/respondent from the appellant/First party an in the similar manner the first party is not desire any thing or any articles from the second party. iii. That, the amount so deposited by the First party/appellant would be the full and final amount of settlement. After receiving the aforesaid settlement amount, the second party/respondent will not claim any sum/amount for her maintenance or else from the appellant/first party in future. iv. iii. That, the amount so deposited by the First party/appellant would be the full and final amount of settlement. After receiving the aforesaid settlement amount, the second party/respondent will not claim any sum/amount for her maintenance or else from the appellant/first party in future. iv. That, the second party/respondent had instituted a suit for recovery of maintenance against first party/appellant which is sub-judice before the trial court. That after this settlement agreement, the second party/respondent would withdraw the suit of recovery of maintenance from the concerning court. v. That the first party/appellant has agreed that he would meet his daughter in every 15 days or whenever possible. The second party/respondent would not raise any objection and will allow the first party/appellant to meet his daughter. vi. That, by virtue of this settlement memo both the parties withdraw all the allegations made against each other and in future they will not utter any allegation/reaction so as to create complication in life of each other. Thus, both the parties are withdrawing the matrimonial relations and in future they would be free to take their won decision for their prospective life and career. 5. Accordingly the present appeal is disposed off with the aforesaid observation. No order as to cost. 6. A decree be drawn accordingly.