CR No.7175 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.7175 of 2009(O&M) Decided on :06 -07-2010 Jasdeep Singh Mann ....Petitioner VERSUS Harjit Kaur ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Kanwaljeet Singh, Senior Advocate with Ms. Prachi Sharma, Advocate for the petitioner. Mr. Ashish Gupta, Advocate for the respondent MAHESH GROVER, J The instant petition was directed against the order passed under the provisions of Section 24 of the Hindu Marriage Act. The petitioner disputed the liability to pay the amount as determined by the Court in its impugned order. The case was referred to the Mediation & Conciliation Centre of this Court wherein the parties with the intervention of the Mediator have settled the matter and have arrived at compromise, the terms of which are extracted hereunder:- “(a) that the parties have agreed that they will not live together as husband and wife and hence while amicably departing they have laid down some conditions. The first party has agreed that it will pay a sum of Rs. 5 lacs in total, which will be regarding maintenance, istri dhan, permanent alimony and other expenses incurred on the marriage CR No.7175 of 2009(O&M) 2 (b) the parties have mutually settled that on all kinds mentioned above and/or on any kind arisen out of the matrimonial discord, complete claims are decided and the party of the first part shall pay a sum of Rs. 5 lacs to the second party in full and complete satisfaction of all the claims and that of her other family members as well if any. The above said amount shall be paid by way of following three instalments:- “(i) the first instalment of Rs.1 lac will be paid by DD or cash in the Hon'ble High Court, where CR no. 7175 of 2009 is pending and at the time of its final order or according to the instructions of the Court. (ii)the second instalment of Rs.2 lacs will be paid at the time of decision by the learned District Judge, Ludhiana on grant of decree of divorce under Section 13-B of Hindu Marriage Act. To elaborate this it should be mentioned that a petition under Section 12 for the nullity of marriage filed by the first party i.e. Mr. Jasdeep Singh Mann is pending in the learned Court of learned Additional District Judge, Ludhiana which is fixed for 19.4.2010. It is further agreed between the parties that they will file for a petition for mutual divorce under Section 13-B of Hindu Marriage Act before the learned District Judge or the petition pending can be converted into Section 13-B according to the instructions of the Court. (iii)The third and final instalment of Rs.2 lacs will be paid at the time of quashing of FIR No. 108 dated 31st of May, 2008 CR No.7175 of 2009(O&M) 3 PS, City I, Moga by the Hon'ble High Court. The second party will file the petition to get the above mentioned FIR quashed. (iv)That the second party undertakes to withdraw her petition under Section 125 of Cr.P.C which is pending before the CJM, Moga for 20.4.2010. In accordance with clause (i) of the settlement, an amount of Rs.1 lac has been paid by way of Demand Draft to the counsel for he respondent. The second instalment of Rs.2 lacs shall be paid at the time of decision in a petition under Section 13-B of the Hindu Marriage Act before the learned District Judge, Ludhiana and third and final instalment of Rs.2 lacs shall be paid at the time of quashing of the FIR No. 108 dated 31st of May, 2008 PS, City I, Moga. In view of the aforesaid the instant petition is disposed of in terms of the settlement made before the Mediator with the consent of the parties. The parties shall be bound by the terms of the settlement. The parties are present in Court. They have separately given an undertaking that they shall abide by the aforesaid terms of the settlement and get the other matters decided in the respective Courts in accordance with the same. The Revision petition is thus disposed of in the above terms. July 06, 2010 (Mahesh Grover) rekha Judge