TA No. 197 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.197 of 2008 Smt. Renu Bala ....Petitioner VERSUS Richard Masih ....Respondent TA No.198 of 2008 Smt. Renu Bala ....Petitioner VERSUS Richard Masih ....Respondent Decided on : 16-04-2009 CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Arvind Singh, Advocate for the applicant Mr. B.S.Jaswal, Advocate for the respondent MAHESH GROVER, J This order will dispose of two transfer applications no. 197 of 2008 and 198 of 2008. Due to the efforts of the Mediators of the Mediation Centre of this Court appointed pursuant to the orders dated 18.11.2008, the parties have settled the matter in the following terms:- 1. That both the parties will get divorce by way of decree/mutual consent. The custody of the minor child- Abhishek will remain with his mother-Renu Bala. 2. That Sh.Richard Masih will pay a sum of Rs.2.25 lacs in TA No. 197 of 2008 2 total to Smt. Renu Bala in lieu of maintenance amount to minor child-Abhishek. Payment of Rs. 1 lac will be made by Sh. Richard Masih to Smt. Renu Bala in the Hon'ble High Court at the time of recording their statements, by way of draft and the remaining amount of Rs. 1.25 lacs will be paid by Sh.Richard Masih to Smt. Renu Bala at the time when both the parties will get divorce by way of decree/mutual consent. 3. That Sh.Richard Masih has agreed to return the four items, viz. Television, refrigerator, double bed and almirah in existing position to Smt. Renu Bala from Richard Masih from his house and Sh.Richard Masih will not cause any obstacle in any way in handing over these items to Smt. Renu Bala. 4. That presently, five cases are pending between both the parties, i.e. (i) a divorce petition instituted by Sh.Richard Masih against Smt. Renu Bala pending in the Court of District Judge, Amritsar, (ii) a petition for taking custody of minor child-Abhishek instituted by Sh. Richard Masih in the Guardian Court at Amritsar and three cases instituted by Smt. Renu Bala against Sh.Richard Masih and others one under Section 498 IPC and other under Section 127 Cr.P.C and criminal case under Section 494 IPC. The petition for custody of minor child and the three complaints mentioned above shall be withdrawn by respective parties. 5. That both the parties have agreed that they will make their TA No. 197 of 2008 3 respective statements in accordance with the present settlement before the Hon'ble High Court. Pursuant to the aforesaid settlement Mr. Richard Masih has brought a cheque of Rs. 1 lac (photocopy of the cheque placed on record) today in the Court which has been handed over to the applicant-Renu Bala who is also present in the Court. The parties have agreed that they shall abide by the aforesaid settlement and their statements have been recorded separately. In this view of the matter, the present applications have become infructuous and the same are disposed of as such with an observation that the Courts of competent jurisdiction where the disputes inter se between the parties are pending shall dispose of the matters before them, as and when their jurisdictions are invoked to achieve the ends of the aforesaid settlement.. However, liberty is granted to the parties to move the Court appropriately in the event of any violation of the terms of the settlement by either of the party. April 16, 2009 (Mahesh Grover) rekha Judge