Smt. Sushama Tiwari v. Umesh Kumar Tiwari

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 75 of 2018 • Smt. Sushama Tiwari W/o Shri Umesh Kumar Tiwari Aged About 52 Years R/o C-134, Yadunandan Nagar, Police Station Sirgitti, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

• Umesh Kumar Tiwari S/o Late Shri Raghunandan Tiwari Aged About 62 Years R/o Dindayal Colony Mangala, Police Station Civil Line, District Bilaspur, Chhattisgarh ---- Respondent For Appellant Shri R. R. Soni, Advocate For Respondent Shri Gagan Tiwari, Advocate Hon'ble Justice Mr. Prashant Kumar Mishra Hon'ble Justice Mrs. Vimla Singh Kapoor Order On Board 30/11/2018 1.

Both the parties have ratified the terms of settlement recorded by the mediator in their presence on 19.11.2018. 2.

In view of the settlement, the impugned decree for divorce is set aside and the present appeal is disposed of in the following terms of settlement arrived between the parties:- "I.

That, the wife and husband shall live together peacefully in the house at Yadunandan Nagar from today i.e. 19.11.2018.

II.

That, the husband shall pay to the wife a sum of Rs.9,000/- (Rs.Nine Thousand) per month by transferring the said amount in her bank account within the first week of every month of English Calendar.

III.

That, apart from the above, the husband shall bear his own household expenses.

IV.

In his lifetime, the husband shall not alienate or otherwise transfer the properties owned by him to any third person (s).

V.

That, the proceedings initiated by wife under Section 125 of the Code of Criminal Procedure for payment of maintenance and subsequent proceedings for enhancement thereof shall be closed. The wife shall not claim any such sum as directed by the concerned Court (s).

VI.

That, the husband shall make an application before the Hon'ble High Court informing about this agreement and getting appropriate order setting aside the decree of divorce granted by the Learned Family Court that is subject matter of challenge in FA(M) No.75/2018."

3.

Both the parties would inform to this Court that except for the present appeal, no other litigation is pending between them in any court of law.

4.

A decree be prepared in terms of the above stated settlement. Sd/- Sd/- Prashant Kumar Mishra Vimla Singh Kapoor Judge Judge Nirala