Ranjana Pandey vs Praveen Pandey

Heard.

The parties were sent to the mediation and the report of mediation center has been filed.

The FAM No.11/2019 is by the wife against the judgment and decree of divorce dated 18-05-2018. In another appeal, lis is about the custody of child, whereby the wife Smt. Ranjana Pandey has challenged the custody order of the Family Court wherein custody is given to father, the said appeal is pending as FAM No.84/2019.

In both the appeals, the parties were sent for mediation and the settlement has been arrived at. The settlement is placed on record. According to the settlement, for offence under Section 498-A of the Indian Penal Code of Police Station-Chakarbhata, respondent-Praveen Pandey and others were acquitted on 22-11-2013 by the Judicial Magistrate First Class, Bilha and the appeal having been preferred before the Fifth Additional Sessions Judge, Bilaspur (C.G.) that too was dismissed on 19-12-2014, against which a CRR No.932/2015 was filed by the appellant and it is submitted that according to terms of the settlement, the same has been withdrawn by order dated 07-02-2023.

According to the settlement of the parties, the wife would withdraw the appeal FAM No.11/2019, wherein the decree of divorce was under challenge. Likewise the wife would also withdraw the appeal FAM No.84/2019, whereby the custody order of their children was under challenge. The settlement further purports that an application under Section 125 and another application under Section 125 (3) of Code of Criminal Procedure, 1973 were filed before the Family Court, Bilaspur and the parties submit that same have been withdrawn.

Consequently, it appears that the terms of settlement have already been arrived at, which further purports that the custody of the child namely Vivek @ Shourya Pandey would be with the mother Smt. Ranjana Pandey and husband would not claim any right including the visitation right. The terms of settlement would be relevant which are reproduced herein below:-

In view of such settlement, the draft of Rs.5 lacs is handed over to Smt. Ranjana Tiwari in person.

Accordingly, the parties since have settled their dispute in terms of the settlement as shown above, the appeals i.e. FAM No.11/2019 and FAM No.84/2019 stand disposed off. Decree be drawn accordingly in terms of the settlement.