FA/30/2019
2021 Latest Caselaw 3962 UK

       IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL


       THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH
                            CHAUHAN

                                   AND

            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     FIRST APPEAL No. 30 OF 2019

                     30th SEPTEMBER, 2021
   Between:

   Smt. Vijaybala                                       ...Appellant
   and
   Rishipal                                         ...Respondent

   Counsel for the appellant: Mr. Nikhil Singhal, learned
                            counsel.
   Counsel for the respondent:            Mr. Nagesh Aggarwal,
                                          learned counsel.

   The Court made the following:


JUDGMENT : (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)



                In    compliance         of   the     order     dated

  17.03.2020, this case was referred to the Mediation

  Centre, as both the parties were ad idem that there is

  a great possibility that the parties may amicably settle

  their dispute.


  2.            According to the report of the Mediation

  Centre dated 23.03.2021, the parties have amicably

  settled    their   dispute,     and     have      entered   into   a

  compromise. A copy of the compromise, entered into

                                     1
 between the parties, has been produced before this

Court. The same shall be taken on record.


3.         The appellant, Mrs. Vijaybala, and the

respondent, Mr. Rishipal, have appeared before this

Court today. They have produced their Adhar Cards in

order to prove their identity.            They have also been

identified by their respective counsel.


4.         Mrs. Vijaybala, the appellant, agrees that

she has entered into a settlement with the appellant,

Mr. Rishipal, and a compromise was duly recorded by

the Mediation Centre.


5.         According     to         the     compromise,        the

respondent,   Mr.   Rishipal,       has    agreed   to   pay    a

permanent alimony of Rs. Six Lacs to the appellant,

Mrs. Vijaybala.     The respondent has produced a

Demand Draft drawn on Indian Bank dated 28.06.2021

No. 110463 for an amount of Rs. Six lacs. The said

Demand Draft has been given today by the learned

counsel for the respondent to the learned counsel for

the appellant before this Court.


6.         It is further agreed between the parties

that both the children shall remain with the wife, and

the respondent shall not seek their custody.              It is

further agreed between the parties that the wife, the

                                2
 appellant, shall withdraw all the cases filed by her

against the husband and his family members within a

period of one month from today, after having received

an amount of Rs. Six lacs.


7.          The   learned    counsel   for   the   appellant

informs this Court that the appellant would like to

withdraw this First Appeal.


8.          Hence, the present First Appeal is dismissed

as withdrawn.


9.          In sequel thereto, pending application, if

any, stands disposed-of.


10.         No order as to costs.
                _____________________________
                RAGHVENDRA SINGH CHAUHAN, C.J.


                                  ___________________
                                  ALOK KUMAR VERMA, J.

Dt: 30th September, 2021 Rathour