(1) IN THE HIGH COURT OF JUDICATURE AT BILAsPUR CHHATTIsGARH F.A.No. ' (’1) LH /2oo7 APPELLANT : Mrs. Meena Bhagat, W/o. Shri Ashok Non-applicant Bhagat aged 40 years C/o. KejuRam Khobragarh V , R/o. Qtr.No.Type W. 09/B, Street N0. 02 Near Senior Secondary School, DaHi Rajhara, Tahsil Balod, Distt. Durg (C.G.) VERSUS Ashok Bhagat S/o. Shri Bapu Applicant RaoBhagat, aged about 4O years Occupation ~ Service in B.S.P. as Technician, R/o. Street No. 37 (Wrongly Mentioned) Correct is Street No. 36, Block 8-D, Sect-06, Bhilai Nagar, Tahsil & Distt. - Durg (C.G.) RESPONDENT CM‘J.’ 13 0H4” . o2s’ MEMORANDUM OF APPEAL U S Vs 1M. Wdw. J: ‘ 1. Heard. 2. The appelian‘r had filed his misgdhaousQpeql qgains? 1m judgment & decrze dated 20.4.2007 passzd by 1he leatmd Pringipcl Judgg, Family ‘Courf, burg in Civil Sui? No.424-A/05 gnawing application of ‘rhe responde‘m _ hmin filed under Section 13 of the Hindu Marriage Act for grunt of decree of dissolution of marriage. / // 3. Facts of the case, in brief, are that the marriage between the appeliont and/ the respondent was solemnizedon 0206.199?) and out of their wedlock two children were bam. In the year 2005 the respondent fihd an application , before the Family Court below seeking dissolution of marriage solemnim. d between the appellmt and the respondent on the ground that since the year 2001, without any reason, the appellant herein is living separately. The Court below ‘vide impugned judgment allowed the application of the respondent herein and granted decree of dissolution of marriage in faVour of the respondent herein. Being aggrieved by the said judgment di decree the appellant has preferred the instant appeal. 4. Considering the chances of amncable settlement between the parties as per prowsions of 5ection 89 of C P C the matter was referred to the Mediator Vide order dated 19.7.2010 where the parties have amtcably ksettled their disputes and differences and the nme has. been reduced in writing. yidei agreement dated 01.04.2011, as reported by the Secretary, Committee fo/rw i . ‘ Monitoring the Mediation Center. The agreemait dated 01.04.2011 has hen V signed by the panicsmd- Medin‘ror Sm. Phmid¢5iddiqua Today, both fhe parties is. ma Qpellam and 1he wondanfampresem in" person along wi1h Their WW: counsel who idcm-ifiad 'hem. ”Terms of 1h: agmmen'r were irovm to ‘rhe parties and They have agreed hefare This Cour? ihat ihey have arrived ra'r. the setfkmeni, nrms of which are mentioned in the agreement dated 1.4.2011. They have also, mified their i signatures on theagreement. . However,,with regard to Clause-1 of the agreementiemregardingwithdrawal of instant appeal, learned counsel for theparties as wellas thermondent who is present in person, have sibmitted that instead of_,&mksin9 the instmt appeal as withdrawn. it be disposed'ef, in terms of the agreement arrivedathetween the parties. So far as .Clwse No.2 of the agreementnvherein it has been mentionedthat the respondent dtall deposit a sim of Rs.4,000/- per month in the saving account of the , appellant bearing No.20041435785, SBI, burg, as maintenance to children, is concerned, the respondat, who is present in person, wbmits that this amount of Rs.4,000/- be deducted directly from his salary account. In view of the above, the impugned judgment and decree dated 20.4.2007 is confirmed subject to the conditions arrived. at between the parties in Clause No. 2 to 5 of the agreement dated 1.4.2011. Further, an amount of Rs.4,000/- per month be deducted directly from the salary account of the respondent herein and be deposited in the account of the @pellmt herein regularly till their son namely Master Ayudi attains the age of 21 years d marriage of Miss Ayushi is solemnized. > The Additional Registmr (Jodi) is directed to draw the decree accordingly. The , agreement id¢1¢d7f1.4.2,011 shallalso. form part of the, decree except Clause-1. A copy of this order shall be furnished to the employer of the respondent .. .. by the parties. 1o. Certified coplanar rules. l 511/- Sdl- l l Manindra Mohan Shrivastava l.M.Quddusi Judge l l e , Judge