- (1.) Appellant-wife has preferred this misc. appeal against the judgment and decree dated 20.01.2009 passed by the Family Court, Kota in Misc. Case No.177/2005, whereby application filed by respondent-husband under Section 9 of the Hindu Marriage Act was allowed and a decree of conjugal rights was passed.
(2.) Appeal was admitted for hearing on 03.05.2011 and both the parties were directed to appear before the Mediation Centre on 30.05.2011. Proceedings before the Mediation Centre took place on 30.05.2011, 11.07.2011, 26.08.2011, 26.07.2011, 13.09.2011 and finally on 18.10.2011. Both the parties agreed before the Mediator to dispose off the appeal on the basis of certain terms and conditions. Mediation proceedings dated 18.10.2011, drawn by Mediator, Mediation Centre, Rajasthan High Court, Jaipur Bench, Jaipur in presence of both the parties, which are duly signed by them also, are as under:- Appellant Smt Sunita @ Durgesh and Respondent Shri Yogendra Kumar present in person for mediation. After efforts for mediation, the points of agreement was discussed with the parties and respective Advocates of the parties, in view of variour litigations pending between them. Both the parties agreed to resolve their dispute with mutual agreement. The terms of settlement were also discussed with the respective Advocates of the parties. All of them agreed that a lump sum of permanent alimony Expenses of Rs.25,000/- (Ruppees twenty five thousand only) shall be paid to the Appellant Smt. Sunita @ Durgesh toward final settlement and aforesaid amount shall be payable after decree of divorce is passed between the parties by the Court concerned. Both the parties agree that they shall withdraw their all litigation pending in any Court. The Appellant Smt. Sunita @ Durgesh shall withdraw her this appeal in the High Court as well as all other Petition pertaining to maintenance and Under Section 498(A) I.P.C. etc. as well as a petition regarding domestic violence, while the Respondent Yogendra Kumar shall also withdrawn all litigation. No claims including the claim of maintenance or interim amount etc. shall remain outstanding. The appellant and the respondent (both the parties) shall seek divorce and shall end all the litigations proceedings including Criminal or Civil Court including a case for Rs.25,000/- filed by the Respondent pending in a Court at Kota. The amount shall be paid through D.D. All other cases which are filed by either parties but is not in their knowledge shall also be withdrawn. Thus the mediation has been successful as above. The matter may be placed before the Hon'ble Court on 15.11.2011.
(3.) Both the parties agreed to dispose off the appeal on the basis of terms and conditions, as mentioned in the mediation proceedings dated 18.10.2011. Both the parties have admitted and verified the contents of mediation proceedings dated 18.10.2011.;