- (1.) This miscellaneous appeal is directed against the judgment and decree dated 23-8-2011 as passed in CO No. 56/2002 whereby the Family Court No. 1, Jodhpur dismissed the appellant-husband's petition for dissolution of marriage.
(2.) In this matter relating to matrimonial dispute, after preliminary hearing on 19-7-2012, it appeared that elements of settlement were available, and, at request, the parties were referred to the Mediation Centre. The parties conferred with the help of the Mediator and arrived at a settlement as stated by the Mediator in his report to the following effect: "Parties namely Jawahar Lal and Smt. Pushpa have arrived at a compromise and Sh. Jawahar Lal has agreed to pay Rs. 8,21.000/-as a permanent alimony to Smt. Pushpa for their son and wife. Parties have also agreed that they shall withdraw their cases in the family Court at Jodhpur."
(3.) Then, during the course of submissions before the Court, further arrangements were considered and ordered in the following :- "Looking to the congenial atmosphere in which the parties have taken steps to settle the matter and the terms of settlement have been submitted in writing and produced before us, we have suggested to the appellant present with his counsel that the total agreed amount may be immediately paid so as to bring the matter to effective finality. The appellant has agreed to it. As discussed with the parties and their son, it is agreed that the appellant shall take steps in the matter that a sum of Rs. 2,21,000/- out of the agreed amount is paid to the son of the parties and the remaining Rs. 6,00,000/- is paid to the respondent. It is also agreed that arrears, if any, of the maintenance amount hitherto payable shall also be cleared by the appellant.";