JUDGEMENT
S.S.SARON, J. -
(1.) C .M. No.14467 -CII of 2014 has been filed for fixing the appeal for actual date of hearing and for payment of Rs.2 lacs to the appellant -wife
as per compromise dated 23.04.2014 which was arrived at between the
parties in Mediation and Conciliation Centre.
Notice of C.M.
(2.) MR . B.S. Bhalla, Advocate for non -applicant -appellant accepts notice. He has no objection to the appeal being taken up for hearing today
itself.
Accordingly, the appeal is taken up for hearing.
The marriage between the parties was solemnised according to Hindu rites and ceremonies at Yakkopur Kalan, Tehsil Shahpur District
Jalandhar on 14.10.1996. After marriage, the parties resided together at
Village Chuhar Chak, Teshil and District Moga. They resided together for
two years and from the marriage, they had a child who died few months
after birth. Due to matrimonial disputes between the parties, the
respondent - husband on 18.12.2003 filed a petition seeking dissolution of
the marriage between the parties by a decree of divorce on the ground of
desertion and cruelty. The petition of the respondent -husband was allowed
by the learned Additional District Judge, Moga vide his judgment and
decree dated 02.05.2005 and the marriage between the parties was dissolved
by a decree of divorce. The appellant -wife aggrieved against the same filed
the present appeal.
(3.) NOTICE of motion was issued on 04.07.2005. The parties were present in Court on 09.03.2006. The appellant had agreed to return to the
respondent and the respondent also agreed to keep her happily. The case
was adjourned to 20.04.2006 to await the outcome of the reunion.
However, the parties again fell apart. They were again present on
24.04.2006. The appellant was willing to accompany the respondent - husband, who had no objection. Brother of the appellant, namely,
Jaswinder Pal Singh, it was stated was interfering in the matrimonial life of
the appellant. He was directed to keep away from the matrimonial house of
his sister till the next date of hearing. Other criminal proceedings said to be
initiated were also stayed. Ultimately the parties were directed to appear in
Mediation and Conciliation Centre of this Court vide order dated
23.01.2014. In the Mediation and Conciliation Centre, a settlement/ compromise was reached at between the parties on 23.04.2014 which was
recorded in writing signed by both the parties, the relatives of the parties
and their counsel as well. It was inter -alia agreed that the respondent -
husband will pay a total lump sum amount of Rs.3 lacs towards
maintenance and permanent alimony. The payment of Rs.1 lac was to be
paid on 08.05.2014 and demand of draft of Rs.2 lacs was to be paid on
08.07.2014. The appellant had agreed to withdraw the present appeal on the receipt of second and final instalment, i.e. on 08.07.2014. She had also
undertaken to withdraw the petition under Section 125 of the Code of
Criminal Procedure titled "Urmila Devi v. Saudesh Kumar" pending in the
Court of learned Judicial Magistrate Ist Class, Nakodar within a week from
the date of payment of the amount. Both the parties also agreed that they
shall not file initiate/ pursue any pending further civil and criminal
litigation of any kind whatsoever arising out of the matrimony between the
parties or their respective family members.;
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