i-:i-LEI- IN THE HIGH COURT 0F SIKKIM AT GANGTOK (Civil Appellate Jurisdiction) DATED : 30.08.2010 CORAM HON'BLE MR. JUSTICE P.D. DINAKARAN, CHIEF JUSTICE AND HON'BLE MR. JUSTICE S.P. WANGDI, JUDGE MAT APPL. No. 01 of 2008 Smt. Bhawna Verma, Daughter of Shri Shiv Bachan Ram, Resident of Kumhar Puraba, P.O. & P.S. Phulwaria, District Varanasi, Uttar Pradesh-221001. •..Petitioner. -versus- Shri Anil Kumar Verma, Son of Shri Ram Sunder Verma, Resident of Melli Bazar, P.O. and P.S. Melli, South Sikkim. For the appellant ...Respondent. Mr. A.K. Upadhyaya, Sr. Advocate with Mr. Ashim Chhetri, Advocate I For the respondents : Mr. Ramesh sharma, Advocate `iEj) Tll I DINAKARAN, CJ ORDER The Matrimonial Appeal No. 1 of 2008 is directed against the decree and judgment dated 12.10.2007 made in Family Court (Civil) Case No. 40/2006 on the file of the Court of the Judge, Family Court Sikkim at Gangtok, wherein a divorce petition filed by the respondent-husband against the appellant- wife herein, under Section 13(1) (i-a) of the Hindu Marriage Act, 1955 was decreed. The matter was referred t:o the Mediators by an Order dated 23.08.2010, which reads as hereunder: ``Heard both the appellant-wife and respondent-husband in detail. We also permitted them t:o speak out their grievances in open Court and thereafter, we permitted them t:o interact separately for nearly about one hour. It appears that they have talked to each other aft:er 4 years gap. With this background, we are of the considered opinion that, referring the matter to t:he mediation will pave way for appropriate settlement. Therefore, we, with the consent of the parties as well as of the mediators, namely, Ms. K.D. Bhutia and Ms. Navtara Sarda, refer this matt:er to the said mediators, so that they shall hold a mediation with the guidance of tMhr:%juatycoMmeeht:fatnhdeM:.e:i:I:onndr:ys!Fnr?dh:y:ntdh:e2;# August, 2010. Until then option is given to both the parties either to stay together, or alternatively respondent- Bir.--.- husband shall meet the expenses of the appellant- wife, during her stay t:ill Friday." However, the Mediation was not successful and the Mediators filed their failure report dated 27.08.2010, the relevant port:ion of the same reads as under: ``That in compliance of the order dated 23/8/2010 the mediators namely Miss K.D. Bhut:ia and Miss Navtara Sarda with the assistance of the Ld. Mediators, Shri Ajay Mehta and Shri Surendra Singh adopted all the procedures and techniques to help the parties to come t:o an amicable settlement but inspite of the efforts of the mediators the matter could not be set:tled amicably." 4. Hence, the matter was taken for argument on 27.08.2010. Of course, both appellant-wife and respondent- husband were present in the Court. After completing the respective arguments, both t:he learned counsel appearing for the appellant-wife and respondent- husband sought time till Monday (30.08.2010) to workout a sett:lement. Today(30.08.2010), both the parties appeared along with their respective counsel on record and filed a Joint Memorandum of Compromise dated 30.08.2010 which reads as follows: zfeft±--.-....... `` `DISTRICT EAST, GANGTOK (SIKKIM)' IN THE HIGH COURT OF SIKl(IM AT GANGTOK (CIVIL APPEALLATE JURISDICTION) MAT Appl. No. 1 0f 2008 Smt. Bhawana Verma -VERSUS- Shri Anil Verma ...APPELLANT. ...RESPONDENT. DEED OF SETTLEMENT That the captioned Matrimonial Appeal filed by the Appellant Wife named above against the impugned Judgment and Decree of Divorce dated 12.10.2007 passed by the learned Judge Family Court, Sikkim at Gangtok in Family Court Case No. 40 of 2006 is pending disposal before this Hon'ble Court:. That the P?rties have amicably sett:led the matter in presence of witnesses mentioned herein below, on the following terms and conditions; That the marriage between the Appellant Wife and the Respondent Husband shall stand dissolved and they shall cease to remain husband and wife. That the Respondent husband shall pay a total sum of Rs.5,00,000/- (Rupees Five Lakhs) only t:o the Appellant as permanent alimony, within a period of five months from today. The dissolution of marriage between the parties shall be subject to the final payment of the aforesaid permanent alimony. That till the payment of the permanent alimony of Rs.5,00,000/- (Rupees Five Lakhs) only within five months, the Respondent Husband shall pay a monthly maintenance of Rs.5,000/- (Rupees Five Thousand) only. 4. That henceforth, the parties shall have no claim against each other of any kind whatsoever. cife ,._,-__-.. 5. The parties shall not interfere in the personal life of each other. 6. That the Appellant wife undertakes to withdraw the application under Section 125 of the Code of Criminal Procedure, 1973 filed by her being case No. 51 of 2007 in the Family Court at Varanasi against the Respondent husband. 7. That the Respondent husband undertakes to handover the personal belonging of the Appellant wife. That this Deed of Settlement between the parties being sub].ect to the payment alimony of Rs.5,00,000/-(Rupees Five Lakhs) only, the entire shares of the Respondent Husband in his ancestral property shall stand attached till all the t:erms and conditions of this Deed of Sett:lement, to be fulfilled by the Respondent Husband, are fully complied wit:h by the Respondent Husband. 9. That this deed of settlement between the parties shall form a part of the record of the present appeal. 10. That the terms of this set:Element have been drawn as agreed by and between both the parties. 11. That both the parties have been explained the terms of this sett:Iement by their respective counsel and having underst:ood the same by both the parties, they have executed this deed of settlement with their full consent: and free will. That both t:he parties above named have understood t:he contents of this Deed of Settlement and also going through all the paragraph amnednt:::::nth:rnejtnhj:bt::e'3ostjhgBaYjtohfihuegj:s::e2o#'; at Gangtok, in presence of the witnesses mentioned herein below; /7iwl...... `rl GANGTOK Date: 30.08.2010 IN THE PRESENCE OF; Sd/- Mr. Ramesh Sharma Advocate, Gangtok Sd/- APPELLANT Sd/- (Bhawana Verma) RESPONDENT Sd/- Mr. Shiv Bachhan Ram (Anil Kumar verma) R/o Kumhar Puraba, Phulwaria, Varanasi. Sd/- Miss Mukul Rani Para].uli ADVOCATE " Both the appellant-wife and respondent-husband, who are present in t:he Court confirmed that they have agreed with the terms of the Joint Memorandum of Compromise dated 30.08.2010, referred to above. In view of the above subsequent development, no further orders are required in the above matrimonial appeal, except to accept the Joint Memorandum of Compromise dated 30.08.2010 as part of the record in the ap'peal, marked as Exhibit `X', and to make it clear that both the parties shall adhere to the terms of Joint Memorandum of Compromise dated 30.08.2010 wit:hout any lapses, on either side. i3S--.-.--.` The Matrimonial Appeal st:ands disposed of accordingly. fitsst.--.-. (P.D. DINAKARAN, CJ) 30.08.10 rsr/jk -C,