Counter petitioner in M.C.No.179/2011 on the file of the Family Court, Ernakulam, is the revision petitioner herein. The petition was filed by the first respondent herein before the court below, seeking maintenance under Section 125 of the Code of Criminal Procedure and after evidence, court below had granted maintenance at the rate of ₹2,000/-
per month, from the date of petition and six months time was granted for payment of arrears of maintenance and future maintenance will have to be paid from April 2013 on 10th of every month. This was being challenged by the revision petitioner, by filing this revision.
2. During the pendency of this revision, the matter has been referred to mediation as requested by the parties and in the mediation, the matter has been settled and the following settlement has been arrived at:
The petitioner and the first respondent agree to settle the entire dispute pending between them including the above matter on the following terms and conditions:
1. The petitioner and respondent mutually agree to severe all marital relationship between them. The first respondent agrees that the dispute shall be settled on payment of ₹75,000/- by the petitioner in three instalments and on return of her bangle.
2. The parties agree to file 13B petition on 20.10.2014 before the Hon'ble Family Court, Ernakulam having jurisdiction. At the time of filing 13B petition, petitioner shall pay ₹30,000/- and return the bangle to the first respondent.
3. The petitioner further agrees that he shall pay a further amount of ₹30,000/- on or before 20.01.2015 to the first respondent and the balance amount of ₹15,000/- will be handed over to the first respondent on the date on which the 13B petition is posted before the Court concerned for passing final orders and payment shall be made at 10 a.m. on that day so as to ensure fairness on the part of the parties.
4. On compliance of the terms above mentioned, the respondent agrees to withdraw O.P.No.16/2012 and M.P.No.122/2013 on the file of Hon'ble Family Court, Ernakulam and the petitioner agrees to withdraw O.P.No.170/2014 on the file of Hon'ble Family Court, Mavelikkara at the time of filing joint petition for divorce on 20.10.2014.
5. The parties hereby agree that they are bound by the terms of this compromise and that all the disputes between them is settled once for all and that either of the party will not have any future claim against the other party. In case of violation of terms of compromise by either of the parties, the other party is entitled to proceed with his/her litigation as if the matter has not been settled.
3. Earlier the counsel for the first respondent submitted that, during the pendency of this, an ex-pare order for divorce is obtained, which is against the settlement and later as per the orders of this court, first respondent filed an application to set aside the ex-parte order and that was allowed and thereafter, the divorce petition was withdrawn by the revision petitioner herein and as per the terms of the agreement, joint petition for divorce was filed as O.P.No.2025/2014 before the Family Court, Ernakulam, and it is now posted to 30.05.2015 for appearance of parties. It is also submitted by both the counsel that, as per the terms of the agreement, an amount of ₹35,000/- was paid and also the bangles were returned by the revision petitioner. Out of the balance amount ₹30,000/-
will have to be paid on or before 20.01.2015 and the balance amount will have to be paid on the date of disposal of the joint petition for divorce filed by both parties.
4. Both the parties submitted that, the above settlement may be recorded and the revision petition can be disposed of accordingly. Accordingly, the above submissions as well as the settlement entered into between the parties in the mediation have been recorded and the revision petition is disposed of in terms of the settlement. The execution petition if any filed by the first respondent for executing M.C. 179/2011 is directed to be kept in abeyance, till 30.05.2015. Both parties agreed that, if the settlement is not materialised as per the terms of the settlement agreement, then the order passed by the Family Court, granting maintenance can be restored and the first respondent is entitled to execute the order.
The above facts are recorded and the revision petition is disposed of accordingly. Office is directed to communicate this order to the concerned court, immediately. The mediation agreement for settlement will form part of this order.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss