p. 01-T 17# % 09.09.2010 Present:- Mr. Gyan Prakash, Advocate for the appellant. Mrs. Jyotika Kaira and Mr. Rajesh Upadhyay, Advocates for respondent. + MAT. APP. No. 90/2009 & C.M. No. 13055/2009 * Compromise deed has been placed on record duly signed by both the parties and duly witnessed by two witnesses. Both the parties are present in court along with their respective counsel. Both the parties state that they have thoroughly gone through the said compromise deed and have signed the same after having fully understood the contents of the same. Parties further state that they have entered into the compromise by their own volition and choice and there is no pressure of any kind upon them in arriving the said compromise. The parties further state that in fact an amount of .10,00,000/- (Ten Lakhs only) has already been paid 4 by the appellant to the respondent wife out of the total settled amount of .25,00,000/- and remaining amount shall be paid by the appellant in terms of the said compromise. The parties further state that they are in the process of filing the first motion in a short time and they will seek their divorce by mutual consent as envisaged under Section 13 B(1) & 13 B(2) of the Hindu Marriage Act. The Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified parties have also agreed that the custody of both the children, namely, Deesha and Alisha shall remain with the respondent. In terms of the compromise the respondent has already agreed to withdraw all the cases filed by her against the appellant and his family members. Based on the said compromise, the appellant seeks to withdraw the present appeal. Both the parties have entered into the compromise in terms of the compromise dated 25.08.2010. The said compromise is duly signed by both the parties. The compromise agreement is Ex. C-i. In terms of the said compromise the petitioner husband has agreed to paya sum of .25,00,000/- towards full and final settlement of all the material claims of the respondent wife. Out of the settled amount, the appellant has already paid an amount of .10,00,000/- and the balance amount of Rs.15,00,000/- shall be paid by the appellant in terms of the schedule spelt out in the compromise. The appellant has also agreed that the custody of both the children shall remain with the respondent. Both the parties have also agreed to seek divorce by mutual consent as envisaged under Section 13 B(1) & 13 B(2) of the Hindu Marriage Act. The respondent has also agreed to withdraw all the cases filed by her against the appellant and his family members. As per the said compromise no dispute of any nature survives between the parties. The appeal is accordingly / dismissed as withdrawn. It is directed that both the parties shall remain bound by the terms of the said compromise and both the parties shall cooperate with each other in giving finality to the said compromise. September 09, 2010 KAI LASH GAMBHIR, J. pkv