High CourtsDivision Bench

Rajkanwar vs Sidharth Aswal

Rajasthan High Court · Decided on 7 February 2020 · Citation: (2020) 02 RAJ CK 0666

HON’BLE JUDGES
Sangeet Lodha, J · Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Hindu Marriage Act, 1955 — Section 9
CASE NUMBER
Civil Miscellaneous Appeal No. 1222 Of 2019
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

26 paragraphs · 463 words

Vide order dated 30.08.2019 passed by this Court, the present matter was referred to the Mediation Centre of this Court to explore the possibility of

amicable settlement between the parties.

The dispute between the parties stands settled by way of mediation. The terms of settlement of dispute are set out in report dated 10.12.2019

submitted by the Mediator which reads as under:-

1.

In view of this settlement the present D.B. C.M.A. No. 1222/2019 filed by Smt. Raj Kanwar against the husband decided on dated 25.02.2019 by

the Judge, Family Court No.3, Jaipur, for grant of divorce is withdrawn and the said judgment shall be absolute between the parties.

2.

Likewise, the revision against the order of 125 CRPC pending in the High Court filed by both parties shall stand withdrawn in view of this

settlement. Both the parties agree not to pursue any request of maintenance under the matter.

3.

Application for transfer of case of section 9 Hindu Marriage Act shall also stand withdrawn.

4.

Case under 498A IPC pending before Metropolitan Magistrate No.20 against Sidharth and 12 other, filed by Smt. Raj Kanwar shall stand

withdrawn and both the parties hereby request the High Court to allow them to withdraw and quash the proceedings.

5.

Both the parties agree that there shall be no criminal or civil litigation outstanding between the parties after this settlement. Both the parties agree

that after this settlement nothing shall remain outstanding against each other in the form money or kind.

6.

Both the parties agree that they shall not indulge in any litigation or complaint against each other and shall not induldge in any activity which may

bring bad name to the other party.

7.

The husband Shri Siddarth shall pay the, aforementioned amount by way of D.D. to the wife Smt. Raj Kanwar on or before the date before the

Court.

8.

Both the parties agree that the other cases filed by their relatives against the parties shall also be withdrawn. Sh. Siddarth Aswal undertakes that a

criminal case no.174/15, ACJM-3, Bikaner lodge by his brother's wife Dr. Aviral Verma w/o Dr. Vinod Aswal against Smt. Raj Kanwar and

Hanuman Sahai (father) shall be withdrawn under this settlement.

9.

Both the parties further agree that they request the Hon'ble Court to allow to withdraw/quash/stop the proceedings on filing a copy at this

settlement.

In compliance of the settlement, the respondent has paid the amount of ₹10,00,000/- to the appellant vide demand drafts No.504932 and 504933 dated

27.01.2020 for ₹5,00,000/- each drawn on ICICI Bank in favour of Raj Kanwar and Adhi Raj Singh respectively.

Learned counsel appearing for the parties seek a week's time to withdraw the various proceedings pending before the Court of competent jurisdiction.

List the matter on 19.02.2020, as prayed.