!BH ill! — BSIBE ^ uw IN THE HIGH COURT OF CHHATTISGARH ATBILASPUR ,^^ FIRST APPEALNO. /2005 APPELLANT 'APPLICANT :. Nirmala Agrawal, aged 42 years, W/o Krishna Murari Agrawal, R/o Baniyapara, PuraniBasti, Raipur [C.G.]. VERSUS RESPONDENTS ^y/ Krishna Murari Agrawal, aged 50 years, S/o NON-APPLICANT f—LateParamsukh Agrawal, R/o Opposite Rest House, Bhatapara, District Raipur [C.G.]. '1<??<13 of Tflmxi-v coOfrw flt^-T 'tA2^|.iyO -S' FIRST APPEAL U/S-aB-eF-HINDU MARRIAGI: ACT 1S55- ^ ^n/ HIGH COURT OF CHHATTISQARH : BILMPUR Division Bench: Hon'ble Shri l.M.Gtuddvsi. & Hon'bte Shri Manindra Mohan Slirivastava. JJ. APPELLANT RESPONDENT FIRSTAPPEALNo.268/05 Smt. Nirmala ^jrawal Vereus Krishna Murari Agrawal FIRSTAPPEAI.UNDERSECTIONiaOFFWtillLYCOURTSACT Present: - Shrt Ravindra ^rawal, counsei for theappeilant. ShriVh/ek Chopra,counsel forthe respondent. ORDERfORALi (Passed on 9th ofMay,2011) Per I.M. QUDDUSI. J. 1. This appeai has been flled again^ the impygned judgment and decree dated 29/07/(»passed by the Principal Judge, FamUy Court, Raipur In civil case No.90-A/2005, dismissing the application of th& appellant under Section 9 of the Hindu Marria^ Act, 1955 for restoration of the conjugal rights. The appeltant as Well as her husband / r^pondent in the instant appeai are living separately since last about 20 years. Theftusband / respondenf is aged about 63 yearsand the appetlant / wrifels aged about 56 years. Considering the age of the parti^, it appeared to thte Gourt that there existed element of settlement whteh may be acceptable to both the parties. Therefore, the matter was referred for mediation before a trained mediator for the purpose of settlement between the parties on the terms agreed by the parties. 14\ 4. Both the partles appeared before the mediator and the proc^dings were concluded resulting in settlement / agreement between ttie parties. The said settlement duly signed by ttre partles and the mediation dated 28/4/2011 has been referred by tfte Seccetary, CommlEtee for Monitoring the MediaHon Center, vide his report dated 29W2011. 5. According to the said settlement / agreement between the parties dated 28/4^2011, both will live separately but the respondent shall pay to the appeltant Rs.2,000/- per nnonth by 10th of evwy month, through deposit in her bank account No.619402010000248 with IFS code - UBI No.561941 of Union Bank, Purani Basti, Branch -Raipur along with other condltions. t, ', 6. Therefore, the impugned judgment and dwree is set aside and tWs appeal is disposed off and decreed in terms of settlement / agreement dated28/4/2011, which shall form part of the decree. No order asto cost. Sd/- I.M.Quddusi Judge Sd/- Manindra Mohan Shrivastava Judge De^rti