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Judgment
6 paragraphs · 351 wordsDaya Chaudhary, J
Learned counsel for both the parties submit that during the pendency of both the appeals, the parties have arrived at a compromise/ settlement with certain terms and conditions.
In pursuance of the compromise/settlement, both the parties have filed their respective affidavits in the Court today and the same are taken on record. It has been mentioned in the affidavits that the appellant will withdraw both the appeals and the respondent has relinquished all her claim towards the past, present and future maintenance as well as permanent alimony. With regard to custody of minor child namely Shivani, it has been mutually agreed between both the parties that in case of remarriage by respondent Shashi Bala, the custody of the minor child will be given to the appellant-husband. It has also been mentioned in the affidavits that the appellant would be allowed to meet the minor child once in a month on 4th Friday before the Mediation Centre of this Court. In case of holiday on 4th Friday, the meeting shall be held on the next Friday. The appellant shall pay an amount of `1100/- to the daughter at the time of every meeting. At the end of the affidavits of both the parties, it has been mentioned that this compromise has been entered into between them with free consent and the same is without any pressure or coercion from either side. They shall abide by all the terms and conditions as settled between them.
Both the parties while appearing in person have been asked as to whether the conditions mentioned in their respective affidavits have been understood by them. They have stated in so many words that they are well aware about the terms and conditions of the compromise/settlement and both of them will follow the same.
In view of the compromise arrived between the parties, the appellant wants to withdraw both the appeals i.e. FAO No. 4336 of 2017 and FAO-M No. 348 of 2013.
Accordingly both the appeals are dismissed as withdrawn with the terms and conditions as mentioned in the affidavits sworn by both the parties.