Sreekumaran Nair vs Zeeta V. and Nivadita

R. Basant, J.—This appeal has been preferred by the appellant/husband against a decree passed by the Family Court obliging him to pay amounts to the respondents, his wife and child. Parties were referred for mediation. Parties have settled all their disputes. Terms of settlement arrived at between the parties before the Mediator is reduced to a writing and a joint statement dated 02.11.2009 duly signed by the rival contestants and counter signed by their counsel is produced. Inter alia, an amount of Rs. 7,50,000/- (Rupees Seven lakhs and fifty thousand only) has been deposited in bank in the name of the minor child in full and and final settlement and satisfaction of the claim made by the respondents. Subsequent to the settlement reached, on account of delay in making the payment, some further amounts were also paid, it is submitted.

Suffice it to say that the respondents/claimants now submit through their counsel that having received an amount of Rs. 7,50,000/- (Rupees Seven lakhs and fifty thousand only) in full and final settlement of the claim staked by them, this appeal can now be allowed and the impugned order can be set aside. We accept the said request of the counsel. We are satisfied that this appeal can now be allowed as jointly requested by the learned Counsel for the appellant and the learned Counsel for the respondents.

In the result:

a) This appeal is allowed as agreed;

b) The impugned order is set aside;

c) It is recorded that the entire claim staked by the respondents stand settled and discharged;

d) The terms of settlement arrived at between the parties dated 02.11.2009 shall be appended to the appellate decree.

ORDER

Both counsel submit that the terms have not been worked out. Joint application u/s 13B of the Hindu Marriage Act has not been filed. Amounts which have to be deposited in terms of the settlement have not been deposited also. The respondent is personally present before the Court. The appellant is not available in India, submits the learned Counsel for the appellant. The counsel undertakes that the amount shall be deposited within a period of 45 days from this date and appropriate steps shall be taken.

Call on 18.01.2010.

ORDER

Both counsel agree that the parties can be referred to a mediator. Call on 15/09/2009. After verifying the presence of the parties before court, they shall be referred to the mediator. Inform the Nodal Officer who shall make the services of a mediator available to the parties on that date.