URMILA DEVI Vs. SAUDESH KUMAR

JUDGEMENT

(1.) C .M. No.14467 -CII of 2014 has been filed for fixing the appeal for actual date of hearing and for payment of Rs.2 lacs to the appellant -wife as per compromise dated 23.04.2014 which was arrived at between the parties in Mediation and Conciliation Centre. Notice of C.M.

(2.) MR . B.S. Bhalla, Advocate for non -applicant -appellant accepts notice. He has no objection to the appeal being taken up for hearing today itself. Accordingly, the appeal is taken up for hearing.

(3.) NOTICE of motion was issued on 04.07.2005. The parties were present in Court on 09.03.2006. The appellant had agreed to return to the respondent and the respondent also agreed to keep her happily. The case was adjourned to 20.04.2006 to await the outcome of the reunion. However, the parties again fell apart. They were again present on 24.04.2006. The appellant was willing to accompany the respondent - husband, who had no objection. Brother of the appellant, namely, Jaswinder Pal Singh, it was stated was interfering in the matrimonial life of the appellant. He was directed to keep away from the matrimonial house of his sister till the next date of hearing. Other criminal proceedings said to be initiated were also stayed. Ultimately the parties were directed to appear in Mediation and Conciliation Centre of this Court vide order dated 23.01.2014. In the Mediation and Conciliation Centre, a settlement/ compromise was reached at between the parties on 23.04.2014 which was recorded in writing signed by both the parties, the relatives of the parties and their counsel as well. It was inter -alia agreed that the respondent - husband will pay a total lump sum amount of Rs.3 lacs towards maintenance and permanent alimony. The payment of Rs.1 lac was to be paid on 08.05.2014 and demand of draft of Rs.2 lacs was to be paid on 08.07.2014. The appellant had agreed to withdraw the present appeal on the receipt of second and final instalment, i.e. on 08.07.2014. She had also undertaken to withdraw the petition under Section 125 of the Code of Criminal Procedure titled "Urmila Devi v. Saudesh Kumar" pending in the Court of learned Judicial Magistrate Ist Class, Nakodar within a week from the date of payment of the amount. Both the parties also agreed that they shall not file initiate/ pursue any pending further civil and criminal litigation of any kind whatsoever arising out of the matrimony between the parties or their respective family members.