Citation : 2023 Latest Caselaw 3354 UK
Judgement Date : 6 November, 2023
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
FA No. 100 of 2023
Hon'ble Manoj Kumar Tiwari, A.C.J.
Hon'ble Pankaj Purohit, J.
Mr. C.S. Rawat, learned counsel alongwith Mr. Anil Anthwal, learned counsel for the petitioner.
2. Mr. Prem Kaushal, learned counsel for the respondent.
3. This is husband's appeal against judgment dated 25.05.2023 passed by Judge, Family Court, Haldwani, District Nainital in Civil Suit No.188 of 2018. By the impugned judgment, his Suit for divorce was dismissed.
4. During pendency of appeal, parties appeared before us, who were sent for mediation. Mediator has submitted report dated 20.10.2023. Perusal of the same indicates that parties have arrived at a settlement, according to which, appellant would invest a sum of Rs.5,00,000/- fixed deposit in favour of his daughter, namely, Jeevika Arya and he would also pay a sum of Rs.5,00,000/- as permanent alimony to his wife-Kiran. Other terms and conditions of settlement have been mentioned in mediator's report, which is part of record.
5. Both the parties are present, who are duly identified by their respective counsels.
6. Appellant produced in Court the passbook to show that he has deposited Rs.5,00,000/- in the name of his daughter- Jeevika Arya in Kisan Vikas Patra.
7. Both the parties made a statement that they have arrived at a settlement and they
would be filing petition for divorce by mutual consent, appellant pointed out that he would pay a sum of Rs.2,50,000/- to the respondent at the time of filing of divorce petition of mutual consent and remaining Rs.2,50,000/-would be paid by him to the respondent at the time of second motion of divorce petition.
8. Learned counsel for the parties prayed that the present appeal be decided in terms of settlement arrived at between the parties, which is reproduced in mediator's report.
9. Accordingly, the appeal is decided in terms of settlement arrived at between the parties.
10. Let certified copy of this order be supplied to learned counsel for the parties within 24 hours' as per Rules.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, A.C.J.) 06.11.2023 Arti/PN
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