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Judgment
The instant civil misc. appeal has been filed by
appellant, Smt. Richa Rupela, under Section 19 of the
Family Courts Act assailing the judgment and decree dated
24.05.2016 passed by learned Judge, Family Court,
Bikaner, in Civil Misc. Case No.491/2014, by which
application filed by respondent/husband, Shashank Rupela
u/s 9 of the Hindu Marriage Act, 1955 (for brevity,
hereinafter referred to as ''Act of 1955'') for restitution of
conjugal rights was allowed.
The instant appeal was listed in the court on
15.12.2016, on that date for settlement of the dispute was
referred for mediation proceedings and the following order
was passed by a coordinate bench of this Court, which
reads as infra: -
"Counsel for the parties are agreed for mediation. The parties are presently residing in Bikaner. The Secretary, District Legal Services Authority, Bikaner will nominate a Mediator immediately on receipt of a copy of the present order along with shadow records. The parties are directed to appear before the Secretary, District Legal Services Authority, Bikaner on 11.01.2017 at 11:00 am. The Secretary shall guide them to the nominated Mediator, who shall then proceed to fix the first date for mediation in presence of the parties. In this manner, let the Mediator submit his report on or before 20.02.2017. The matter may be listed for admission on 24.02.2017. Let a copy of the present order be communicated to the Secretary, District Legal Services Authority, Bikaner by mail immediately for the needful."
In pursuance of the aforesaid order, the matter was
placed before the Mediation Centre of District Legal
Service Authority, Bikaner for exploring the possible of
amicable settlement of the dispute. In the mediation
proceedings, the parties arrived at settlement, as reported
to this Court vide communication dated 16.01.2017 by the
Mediation Centre of District Level Service Authority,
Bikaner.
After perusing the settlement arrived at between the
parties, we deem it appropriate to dispose of this misc.
appeal on the basis of said settlement. Both the parties
are, accordingly, directed to remain present before the
learned Judge, Family Court, Bikaner on 07.03.2017 and
file application u/s 13B of the Act of 1955 for divorce on
mutual counsel, as agreed by them in the ''settlement'' in
the mediation proceedings.
As per terms and conditions of settlement, the
respondent, Shashank Rupela, handed over a post-dated
cheque of Rs.19,00,000/- (Rupees Nineteen Lacs only)
(Cheque No.025666 dated 06.03.2017 of Oriental Bank of
Commerce) in the court itself to the appellant, Richa
Rupela, on the condition that she will submit the said
cheque before the Bank after filing application under
Section 13B of the Act of 1955, before the Judge, Family
Court, Bikaner on 07.03.2017. A photostat copy of the
said cheque is hereby taken on record.
After clearance of the said cheque, the learned
Judge, Family Court shall record the statements of both
the parties on 09.03.2017 for the purpose of divorce on
mutual consent, on that date, both the parties shall remain
for recording their statements. Thereafter, the learned
Judge, Family Court, Bikaner shall decide the same in
accordance with law. It is made clear that both the parties
shall comply the aforesaid order in its true letter and spirit.
With these observations and directions, the instant
misc. appeal is hereby disposed of. The learned Judge,
Family Court, Bikaner is directed to send compliance
report to this Court on or before 20.03.2017 apprising this
Court about filing of divorce petition u/s 13B of Hindu
Marriage Act by the appellant and recording statements of
the parties. To see the compliance of this order, the
present appeal be listed on 20.03.2017.