- (1.) BOTH the parties are present in person.
(2.) THIS appeal has been preferred against judgment and decree dated 13th May, 2010, whereby the suit for dissolution of marriage dated 09.05.2004, filed by respondent-husband, Kalpesh @ Vinit was decreed. Being aggrieved with the same, the wife-appellant has preferred this appeal. During pendency of the appeal, the parties have entered into a compromise and they also filed a joint application on 19th November, 2012, duly signed by the parties. The matter was listed on 19th November, 2012 and the following order was passed: "The matter was discussed at length with the appellant-wife, and then with the respondent- husband along-with their respective counsel. After long drawn discussion in continuity with the discussions earlier held in this matter, the parties have broadly arrived at the consensus in the manner that they have agreed to get the marriage dissolved, essentially with their consent with the following terms:- (i) In regard to permanent alimony for the appellant-wife and, so also, for maintenance of child born out of the wedlock, namely, Ms. Simone, the respondent-husband has agreed to make payment of a sum of Rs. 12,00,000.00(Rupees Twelve lacs only); and out of aforesaid amount, an amount of Rs. 6,00,000.00(Rupees Six lacs only) shall be placed in fixed deposit in the name of Ms. Simone in a Nationalized Bank. (ii) The respondent-husband shall make such deposit and hand over the FDR receipt to the appellant-wife. This amount to be placed in fixed deposit shall continue to remain in such deposit and the appellant shall get the said FDR renewed from time to time until Ms. Simone attains the age of majority. After her attaining the age of majority, the amount in FDR with accrued interest shall be handed over to Ms. Simone. (iii) The remaining amount of Rs. 6,00,000.00(Rupees Six lacs only) shall be deposited in the Bank Account of the appellant- wife, the particulars whereof, as supplied by the appellant- wife today in the Court are: Savings Bank A/c No. 016501515367 with ICICI Bank at Gandhi Nagar Branch, Ahmedabad. (iv) The respondent shall carry out the requirements of the settlement arrived at i.e., regarding getting prepared the FDR in the name of daughter, Ms. Simone and depositing the amount in the bank account of appellant-wife, Smt. Bharati, before 14.12.2012. The particulars of her PAN Card number may be supplied by the appellant-wife to the respondent. Put up on 15.12.2012."
(3.) LEARNED counsel for both the parties admitted that a sum of Rs. 6,00,000.00(Rupees Six Lacs only) has been deposited by the respondent in the Bank Account of the appellant-wife and the remaining amount of Rs. 6,00,000.00(Rupees Six Lacs only), which was to be paid by way of Fixed Deposit in the name of Ms. Simone, has been paid today in the Court. Fixed Deposit for a sum of Rs. 6,00,000.00(Rupees Six Lacs only) in the name of Ms. Simone has been handed over in the Court to the appellant-wife.;