Akhilesh Thakur vs Neha Thakur

Tarlok Singh Chauhan, J

It is heartening to note that the parties have amicably settled the matter, as is evident from the proceedings held on as under: "14.9.2021:

After having deliberation between the parties for a considerable time, the parties have shown their desire to amicably settle the matter in question. The parties have decided to close the present proceedings. Their statements have been recorded separately vide Annexure P-1, which will remain as part and parcel of the mediation proceedings. Both the parties have agreed in principle that they intend to dissolve their marriage as they have not been keeping matrimonial relations for the last more than five years. They have also decided to close all the litigations between inter se between the parties, which include a complain under Section 498 IPC on the basis of terms reflected in their statements Annexure P-1. The respondent is having no objection subject to the terms which are to be performed by the appellant on or before 21.10.2021.

Both the parties have agreed that a decree for dissolution of marriage under Hindu Marriage Act, 1955 may be passed by way of accepting the appeal of the appellant. The mediation proceeding is successful. The efforts made by learned counsels are appreciated. The act and conduct of the parties is also highly appreciated. After fulfillment of above terms, the parties are directed to be present before me the undersigned mediator on 21.10.2021 at 11.30 A.M.

21.10.2021:

In the developments made today, though, the petitioner have brought nath as well as wedding rings today in the Mediation proceedings but respondent has raised an objection qua the quantity as well as weighing of the nath and the wedding rings. Fortunately, the list was provided by the respondent in the last date of hearing, nath as well as two wedding rings are weighing 19.07 grams. In furtherance of mediation, the aforesaid ornaments are given back to the petitioner with the condition that he will pay a sum of Rs. 1 lacs in lieu of the nath as well as the cost of two wedding rings. In furtherance of it, during mediation proceedings by mutual consent of both the parties, it is further agreed that in addition a sum of Rs.50,000/- will be paid by the petitioner. In this way, total amount of permanent alimony as well as cost of ornaments is enhanced to the total sum of Rs. 12,50,000/- ( Rupees twelve lacs fifty thousand only ). A draft in the sum of Rs. 11,00,000/- is handed over to the respondent in the mediation proceedings and further draft/cash payment of Rs. 1,00,000/- is paid by way of transfer in the account of the respondent Neha Thakur and remaining amount of Rs. 50,000/- is paid by cash to the respondent. In this way total amount of Rs. 12,50,000/-( Rs. twelve lacs fifty thousand only ) is paid to the respondent as a full and final settlement.

The mediation proceeding is successful. The statement already recorded on 14.09.2021 vide Annexure R-1 and statements made on 21.10.2021 vide Annexures R-2 will remain as part and parcel of the mediation proceedings. The efforts made by learned counsels of both the parties are appreciated. The act and conduct of the parties is also highly appreciated. Statement of both the counsels of the parties have been recorded.

In this way the mediation proceedings remained successful. For further appropriate order, list this case before the Hon'ble Court.

2 Accordingly, the instant appeal is disposed of, as compromised, on the basis of the statements of the parties, Annexures P-1 and R-2, as find attached in file of the learned Mediator, which shall form integral part of the judgment and decree. Consequently, the judgment and decree dated 16.1.2020 is quashed and set aside and all the criminal proceedings between the parties pending before the learned Chief Judicial Magistrate, Mandi are dropped; and the marriage between the parties is dissolved by mutual consent.

3 Before parting, we place on record our appreciation for the sincere efforts made by Sh. S.C. Sharma, learned Senior Advocate and a trained Mediator.

Pending application(s), if any, also stands disposed of. Decree sheet be prepared accordingly.