^-' ^ ^ HIGH COURT OFCHHATTISCiARH AT BIIASPUR DIVI8ION BENCH: HON'BLE SHRT T. P. SHARMA te APPLICANT APPBLLANT HON'BLB SHRI R.L. JHANWAR. JJ. FII^TAPPBALJMlNo.^1/2007 Rajendra Bagh, aged about 32 years, s/o Late Shri Paras Rain B^h., R/oNew Panchsheel Nagar, Besides Bagh PTOperdes, Katora Talab, Raipur, Tahsil & DMtrict Raipur (CG) NQN-APPUCANT RESPONDENT Versus .Ilsha B^h, agqd about 30 years, w/o Rajendra Bagh, R/o Subham Nivas, Behtnd Ratan Hotel, Liak Road, BUaspur, Tahsil& District Bilaspur (CG) ADoeal under Setstion 19 ofthe Familv CourtsAct Presenf: Shri Chandresh Shrivastava aad Shri Pawan Kesharwani, couasel along with the appeUant. ShriShashi Kumar Kushwaha, counsel for fhe resppndeut. ORAL - JIXDGMBNT (Passed on 8thUuly, 2010) ^•' The foUowiag judgment of fhe-Gourt-wl -"'paSscd by T. P. Sharma, J. ~~1 ': . • ' ' , • 1. By way of fhis appeal, appeUant has cliaUenged fhe ffllegalily aad propriely of fhe judgment aad decree of disnussal of petition for dissolutiou of laarriage by a decree ofdivorce dated 10.11.2006, passed by the Fiist i!> 1 ^ V: 8. Additional Principle Judge, Fanuly Court, Raipur ia C.S.NO. 109/2006. At the iiistance of the pardes, case was seut for mediatiou. Secretary, Cominlttee for Monitoring Mediation Centre has forwarded fhe Mediation Agreeinent executed by both fhe pardes before fhe Mediator, Shri Deepak Kum.ar Tiwari. Heard on I.A.No.2/2010, which fhe appeUant has filed today itselffbr clarification ofthe Mediatiou Agreeiaent. Lcam.ed counsel and the appeUaat subinit tihat by mistake, iustead ofmentioning Rs.2,00,000/- (Rs. Two lacs) in para 5 of the appUcation, they have written Rs. 1,75,000 / -. They seek to correet the appUcation. AppeUaut, who is present in Coitrt aad leamed counsel for the appeUant are permitted to correct fhc appUcatiDn ia Court. They have corrected fhe applicatioii in Court. This application stands disposed of. Lcamed counsel for the appeUaat furthcr subnut that by fiting I.A.No.2/2010, appeUant seeks to verify the terms of the agreeineut meutioned in paia 6 and 7 to save fhe parties fix>m further hardship. Leamed counsel for the respondent subniits that parties arc agreed relatmg to such clarifications to save themselves fioin aay further hardship. We have heard learaed counseFfor-&e:'-~partiesand examiaed fhe texras of the agreement. We are of fhe view that parties have entered into lawful agrecinent and fhat would '-uot oppose fhe public poUcy. Consequenfly, fhe appeal is decreed id tenns of Mediation Agreeiuent iiader fhe foUowiag tenas: i. AppeUaat wUl pay minimiim Rs.25,000/- per anmiTn towards laaintenance of bis daughter "\ -^'bN'S^^.i'11.^.. < ^.^ namely Ku. Harshita Bagh. In case of excess expenditure, appellaat wfll also pay 50% of such excess expendituic and fhat shall be borae by fhe appeUaat Gxim. his salaiy. ii. AppeBaat is pennitted to ineet his daughter Ku. Harshita Bagh in accordance wifh fhe rules of Education Institution. iii. Respondent witl decide relating to adiaission of fheir daughter Ku. Harahita Bagh aad in case, she fails to take steps for admission of Ku. Harshite wifhin the stipulated tune, the appeUant wUl take appropriate steps tg get fh.e admission of his daughter in aay School having boarding facitity situated at Bilaspur Distdct. iv. AppeUaut wUl deposit Rs.10,000/- per year in favour of his daughter in. the State Bank of India, CoUectorate Branch, Bilaspur. v. Daughter of fhe appellant is entifled to withdraw the amount oiily after attaniing fhe age of her niajorily. vi. AppeUant shall again deposit Rs.1,00,000/- (One lac) iu the name ofhis daughter on the date ofhcr attamu^ niajorily, vii. As per clarifications relating to para 6 of fhe agreement, appeUaat wiU pay Rs.-2>@@?000/'-'(Rs. Two lacs) withia 7 days fix>in today to the respondeut. viii. AppeUant wiU'-also pay Rs.25,000/- in tenns of para 7 of fhe agreeuient aad after receiving the said inoney, respondent wiU uutiate the proceedings for disposal of fhe case relating to laam.tenance aad wffl also wifhdraw the crtmiaal ^ prosecution pendiug agatnst fhe appeBant after wifhdrawal of fhe crimiual coniplamt filed by ttie appeUant agaiast fh.e respondent. ix. Uuder fhe aforesaid conditions marriage relatmg to fhe parties is dissolved by a decree of divorce. 9. Pardes shall bear fheir own cost 10. Advocates' fee as per schedule. 11. The Mediation Agreement shaU be faTeated as a part of decree. 12. Decree be drawn accordiagfy. J ^ Sd/- T.P.Sharma Judge Sd/- R.L. Jhanwar Judge