- (1.) FOR the final settlement having been arrived at between the parties in mediation proceedings, at the request of all concerned, these two appeals are taken up for final disposal by this common order.
(2.) THESE two appeals by the husband to a failed marriage are directed against the common judgment and order dated 18.12.2010 as passed by the Judge, Family Court, Ajmer in two proceedings: one being the petition under Section 13 of the Hindu Marriage Act as filed by the respondent-wife (Case No.214/2009); and another being the petition under Section 9 of the Hindu Marriage Act as filed by the appellant-husband (Case No.177/2009). The learned Judge, Family Court, after being satisfied of existence of ground for dissolution of marriage, proceeded to allow the petition filed by the respondent-wife and ordered dissolution of marriage of the parties by a decree of divorce. As a natural consequence, the petition filed by the appellant-husband for restitution of conjugal rights was dismissed. The learned Judge, Family Court ordered in the impugned order as under:- .........[vernacular ommited text]...........
(3.) THE appellant-husband has preferred these two appeals against the aforesaid common order dated 18.12.2010. In these appeals, the parties were referred to mediation; and it appears from the report of the Mediator and from the submissions made before us that with serious and sincere efforts in the Mediation Centre, the parties were able to arrive at a consensus so as to finally resolve the matter and to put an end to all the pending litigations. The Mediator's report dated 08.04.2013, as sent to this Court duly signed by the appellant and respondent, carries the following as the essential terms and stipulations of the settlement between the parties:- "(1) That the appellant Mr. Niranjan Malakar will not press both the appeals filed by him and thereby the judgment and decree passed by the Family Court Ajmer shall become final and the appeals filed by Mr. Niranjan Malakar shall stand disposed off as not pressed. (2) That the parties have agreed in this matter for Rs. 2,25000=00 i.e. Two Lacs and twenty five thousand as permanent alimony against this agreed amount the appellant will pay to the respondent Rs. 125,000/- i.e. One lac and twenty five thousand by way of a demand draft in the name of respondent Mrs. Anita before the Hon'ble High Court and remaining Rs. 100000=00 i.e. One lac the appellant will pay to Mrs. Anita respondent after two months from date of first payment before the Sessions Court i.e. Additional Distt. and Sessions Judge No. 3 Ajmer; on receipt of this payment of Rs. One lac, the ADJ No. 3 Ajmer shall dispose of the appeal on the basis of this settlement. (3) That the maintenance petition which (is) pending before the Family Court, Ajmer shall also be disposed of by the Family Court, Ajmer on the basis of this settlement. The aforesaid payment of Rs. 2,25,000=00 (two lac and twenty five thousand) is inclusive of all due and future maintenance. The respondent after receipt of this payment will not be entitled for any other payment from the appellant against maintenance. (4) That there is no other litigation pending between the parties in any Court in Rajasthan or elsewhere in India. " ;