Hon'ble Saurabh Lavania,J.
Heard Sri Arun Saxena, learned counsel for petitioner, Sri Srikant Vishwakarma, learned counsel for respondent and perused the record.
Facts in brief of the present case are that marriage between appellant No. 1/Smt. Sushma Sharma @ Sweta and respondent/Ravikant Viswakarma was solemnized on 25.02.2012. Thereafter, out of their wedlock, a female child was born on 10.03.2013 (appellant No. 2/Km. Disha). However, their matrimonial relation has become estranged, so respondent/Ravikant Viswakarma filed a petition under Section 13 of Hindu Marriage Act, 1953 (in short 'Act') registered as Case No. 943 of 2014 (Ravikant Viswakarma Vs. Sushma Sharma @ Sweta) . In the same matter, appellant, moved an application under Section 24 of the Act, registered as Misc. Case No. 930 of 2017 (old No. 296C of 2014) (Smt. Sushama Sharma @ Sweta Vs. Ravikant Viswakarma), by order dated 03.08.2018, the same was dismissed. Aggrieved by order dated 03.08.2018, appellants have filed the present appeal before this Court.
During the pendency of the present appeal, the matter was referred to the Mediation and conciliation Centre, High Court, Lucknow Bench, Lucknow.
Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow has submitted a report dated 09.01.2019, the same reads as under:-
"This SETTLEMENT/AGREEMENT entered into on 09.01.2019, in between Smt. Susham Sharma @ Sweta W/o Ravi KantVvishwakarma D/o Sri Ramesh Chandra Sharma R/o House NO. 356/340/1123 Ashok Bihar Alamnagar P.s. Talkatora, Distt. Lucknow (Appellant /First Party) and Sri Ravi Kant Vishwakarma S/o Sri Om Prakash Vishwakarma, R/o House NO. E-3549 Rajajipuram Police Station - Talkatora, District - Lucknow (Respondent /Second Party).
WHEREAS
1. Dispute and differences had arisen between the parties here to and First Appeal No. 99 of 2018 (u/s 19(1) of Family court Act), Smt. Susham Sharma & other Vs. Ravikant Vishwakarma was filed in Lucknow bench of Hon'ble High Court.
2. The matter was referred to Mediation/conciliation Centre vide and order dated 11.12.2018 passed by Ho'ble Mr. Justice Shabihul Hasnain and Hon'ble Mr. Justice Saurav Lavania J.
3. The Court has nominated Mr. Pankaj Khare, Advoacet, High Court, Lucknow as mediator/conciliator.
4. Meetings were held during the process of Conciliation/mediation and the parties have with the assistance of the Mediator /conciliator voluntarily arrived at an amicable solution resolving the above mentioned disputed and differences.
5. The parties hereto confirm and declare that they have voluntarily and of their own free willa rrived at this Settlement Agreement in the presence of the Mediators/Conciliators.
6. The following settlement has been arrived at between the parties hereto:-
A. that the appellant, Smt. Sushma Sharma @ Sweta (Wife) and respondent, Sri Ravikant Vishwakarma (Husband) have agreed to live together happily alongwith their 5 yrs old daughter baby Disha and will take care of each other.
B. that Mr. Ravikant Vishwakarma (Husnand) will give an amount of Rs. 2000/- per month to his wife Smt. Sushama Sharma which she will spend on her own and husband will not seek any query regarding how she spent the amount.
C. that both the parties will withdraw all the pending cases filed against each other in various courts, police station:
1. Case No. 813/2014 (Sushma Sharma & another Vs. Ravikant Vishwakarma) u/s 125 of Cr.P.C. filed before Addl. Principle Judge, Family Court, Lucknow.
2. Case No. 943/14 (old)/380/17(New)[Ravikant Vishwakarma Vs. Sushma Sharma] u/s 13 of H M Act p[ending before AFTC-II, Lucknow.
3. Case No. 2671/14 (Sushma Sharma & one another Vs. Ravikant Vishwakarma and others) D.V. Act pending before ACJM-VII, Lucknow.
4. Criminal Appeal NO. 1353/2018 (Sushma Sharma & another Vs. Ravikant Vishwakarma and others) pending before ADJ-VII, P.C. (V), Lucknow.
Besides the above, if any other case not mentioned in this settlement is filed by either of the parties shall stand disposed off.
D. That both the parties will discharge their matrimonial obligations/duties and nobody will misbehave with each other and no other family member of either of the parties shall make undue interference in the family affairs of the parties.
E. That both the parties are expected to maintain good behaviour with each other's parents & family members.
7. By singing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to First Appeal No. 99 of 2018 (U/s 19(1) of Family Court Act) and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Medication/Conciliation."
Thus, in view of the report dated 09.01.2019, parties have settled their dispute amicably.
Further appellant No. 1/Smt. Sushma @ Sweta submits that respondent/Ravikant Viswakarma has not followed certain terms of the settlement/agreement dated 09.01.2019.
Respondent/Ravikant Viswakarma assured this court that he will follow each and every term of the settlement/ agreement dated 09.01.2019 entered between the parties before Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow.
In addition to above, Smt. Sushma Sharma @ Sweta is also directed to follow the terms of settlement/agreement dated 09.01.2019, which she assured to follow.
In view of the above, the present appeal is disposed of in terms of the Settlement/Agreement dated 09.01.2019 entered between the parties before Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow. Accordingly, decree be prepared.
(Saurabh Lavania, J.) (Anil Kumar, J.) Order Date :- 26.7.2019 Ravi/