APARESH KUMAR SINGH J. - (1.) Heard learned counsel for the parties.
(2.) First Appeal No. 74 of 2014 is by the appellant-husband aggrieved by the judgment dated 04.04.2014 passed by the learned Principal Judge, Family Court, Bokaro in Guardianship Case No. 03 of 2010 whereby the guardianship case filed by the appellant-husband for custody of one of the two children i.e. the son namely, Abhinav @ Anshu aged about six years, has been dismissed on contest. First Appeal No. 180 of 2014 by the appellant-wife is directed against the impugned judgment and decree dated 25.08.2014/04.09.2014 passed by the learned Principal Judge, Family Court, Bokaro in Title Matrimonial Suit No. 55 of 2012 instituted by the husband wherein the learned court has granted the decree for dissolution of the marriage under the provisions of Section 13(1)(i-b) of the Hindu Marriage Act, 1955. During the proceedings of the instant case parties were sent for mediation at JHALSA by order dated 14.02.2017. Mediation has been successful as per the report of the learned Mediator, JHALSA bearing letter No. 1638 dated 08.06.2017. Parties have agreed for one time settlement by way of mutual divorce on the following terms and conditions:- 1. That Mr. Rajesh Kumar Jha (Husband) will pay Rs. 5,25,000/- (Rs. Five lacs twenty five thousand only) to Mrs. Sangeeta Jha (O.P.). 2. That the money will be deposited to family court, Bokaro in 2 1/2 months from today on 6.05.2017. 3. That the money will be deposited in the form of Demand Draft in the name of O.P.2 Sangeeta Jha. 4. That after receipt of the money from family Court Bokaro both the parties will withdraw all the cases pending in different Court in relation to this matrimonial issue. 5. That after receipt of the money both the parties will be free for their work and activities and no interference will be made on each other life. 6. That the custody of the children will remain to their mother (Sangeeta Jha) and no claim will be made by another person (Petitioner) in this regard. 7. That the responsibility of the rearing of the children, their eduction and marriage will be borne by mother of the children (Mrs. Sangeeta Jha) and no further claim of the expenditure occurred in this regard will be made to Mr. Rajesh Kumar Jha (Rajesh Kumar Jha). 8. That OP 2, Mrs. Sanjeeta Jha will file receipt of all the payments made by her husband (Mr. Rajesh Shanker Jha) if required any time after receipt of the money. 9. Both the parties will abide the conditions laid down in this settlement. 10. That both the parties will not interfere in each other matter after this settlement. , 11. That both the parties settled their disputes at their sweet will and without any undue influence.
(3.) Learned counsel for the wife accepts receipt of payment of Rs. 5,25,000/- in compliance of the terms agreed upon between them. Learned counsel for the parties submit that in terms of the compromise, the custody of the children shall remain with the mother and no claim will be made by the husband. However, the responsibility of upbringing the children, their education and marriage is on the mother of the child i.e. the wife, and no further claim for expenditure would be borne by the husband. The parties have agreed to withdraw all cases pending in different courts in relation to this matrimonial issue.;