Vasundhra Patil vs Santosh Patil
2022 Latest Caselaw 6955 MP

                                                        1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                       BEFORE
                                          HON'BLE SHRI JUSTICE SUJOY PAUL
                                                          &
                                     HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 9th OF MAY, 2022

                                           FIRST APPEAL No. 320 of 2018

                              Between:-
                              VASUNDHRA PATIL W/O SHRI SANTOSH PATIL
                              D/O VASUDAVE KURKURE, AGED ABOUT 25
                              Y E A R S , OCCUPATION: HOUSEWIFE  R/O
                              HATHSAN COLONY CHOPDA ROAD YAWAL
                              DIST- JALGAWO, (MAHARASHTRA)

                                                                                    .....APPELLANT
                              (BY SHRI ATUL CHOUDHARI, ADVOCATE)

                              AND

                              SANTOSH PATIL S/O SHRI SUDHAKAR PATIL,
                              AGED ABOUT 33 YEARS, R/O C-661 EWS
                              SAHAPURA WARD NO 51, BHOPAL (M.P.)

                                                                                  .....RESPONDENT
                              (BY SHRI ANURAG GOHIL, ADVOCATE)

                            Th is appeal coming on for hearing this day, JUSTICE DWARKA
                      DHISH BANSAL passed the following:
                                                         ORDER

Heard.

The appellant/wife has filed this first appeal under Section 19 of Family Courts Act, 1984 challenging the judgment and decree dated 08.01.2018, passed by the Second Additional Principal Judge, Family Court, Bhopal whereby the petition filed by the respondent/husband under Section 13(1) of Signature SAN Verified Not Hindu Marriage Act, 1955 for divorce has been allowed and decree of Digitally signed by dissolution of marriage has been passed. KRISHAN KUMAR CHOUKSEY Date: 2022.05.11 17:46:31 IST

2. upon listing of the present appeal, notice was issued to the respondent and after service of notice counsel for the parties jointly prayed for sending the matter for mediation at the level of High Court. In pursuance thereto matter was placed before the Mediator. Firstly, the Mediator submitted its report dated 12.3.2019 showing that mediation remained unsuccessful. Again on 28.6.2019 parties were directed to remain present before the Mediator but mediation report dated 22.7.2019 shows that it remained unsuccessful, which is also recorded in the order sheet dated 22.7.2019.

3. Fortunately, in the meantime the parties settled their dispute amicably by executing a compromise agreement dated 15.1.2022 duly signed by

the parties, which has been placed on record along with application dated 3.2.2022 (I.A.No.1193/22). By way of this agreement the parties have decided to live separately and to withdraw all the pending cases against each other and as permanent alimony an amount of Rs.7,00,000/- (Rs. Seven Lakhs) is also agreed to be paid by the respondent/husband to the appellant/wife.

4. Today an application I.A.No.4779/2022 has been filed on behalf of the appellant/wife along with an affidavit of appellant Vasundhra Patil indicating that a Demand Draft of Rs.7,00,000/- bearing No.029203 of Bank of India in the name of appellant Vasundhra has been handed over by the respondent-husband to the appellant/wife, copy of which has also been placed on record.

5. In view of the aforesaid, as decree of divorce has already been passed by the Family Court, counsel for the appellant submits that he does not want to press the present appeal and seeks permission to withdraw the same. Accordingly, this appeal is dismissed as withdrawn. However, it is made clear that the parties shall be bound by the terms and conditions mentioned in the

agreement.

There shall be no order as to costs.

      (SUJOY PAUL)                              (DWARKA DHISH BANSAL)
         JUDGE                                         JUDGE
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