Smt. Gayatri Chauhan v. Lalit Kumar Chauhan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 173 of 2018 • Smt. Gayatri Chauhan W/o W/o Lalit Kumar Chauhan Aged About 31 Years R/o Village Acharitpali, Post Chhapora, P. S. And Tehsil Malkharauda, District Janjgir- Champa, Chhattisgarh. ---- Appellant

Versus

• Lalit Kumar Chauhan S/o S/o Late Shri Salik Ram Chauhan Aged About 36 Years R/o Ekta Nagar, Godaripara, Chimiri, P. S., Chirmiri, Tehsil Khandgawa, District Koriya, Chhattisgarh. ---- Respondent For Appellant - Ms. Ruchi Nagar with Shri Topilal Bareth, Advocates. For Respondent - Shri Parag Kotecha, Advocate.

Both the Parties - Smt. Gayatri Chauhan and Shri Lalit Kumar Chauhan. .

Hon'be Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice N.K. Chandravanshi Order On Board By Hon'ble Shri Prashant Kumar Mishra J.

26/03/2021

1. Heard.

2. The instant appeal is filed against the judgment and decree dated 1505-2018 passed by the Judge, Family Court, Manendragarh, DistrictKoriya in Civil suit No.49-A/2017 (Lalit Kumar Chauhan Vs. Smt. Gayatri Chauhan) by which the decree of divorce has been passed.

3. After hearing the parties and on considering the facts and circumstances of the case by Order dated 08-03-2021, this Court appointed Dr.N.K. Shukla, Senior Advocate to mediate between the parties and the parties were directed to appear before the mediator.

4. The mediation proceeding has been reported to be successful and the parties have agreed to live together. The following is the text of the mediation report:- "1. This mediation proceeding has been held according to the direction of Hon'ble High Court of Chhattisgarh as per order dated 08-03-2021 passed in FAM No.173/2018 (Smt. Gayatri Chauhan Vs. Lalit Kumar Chauhan).

2. Pursuance to the direction given by the Hon'ble Division Bench of this Hon'ble Court comprising with Hon'ble Shri Justice Prashant Kumar Mishra and Hon'ble Smt. Justice Rajani Duby, a meeting was conveined at the Mediation Centre in the premises of High Court at 02:30 pm, which was attended by Shri Parag Kotecha and Mrs.Bhavika Kotecha alongwith Shri Lalit Kumar Chauhan in one side, Mrs. Ruchi Nagar and Smt. Gayatri Chauhan in another side.

3. Shri Parag Kotecha pursuaded his client to live together with his wife Smt.Gayatri Chauhan, he also asked him to treat his wife with dignity and soberity.

4. Mrs.Nagar also pursuaded her client Smt.Gayatri Chauhan to join her matrimonial home in order to enjoy the very holy status of a husband and wife which is mandated by the Hindu Social Philosphy.

5. Both the spouse undertake that they will live together without any violence to each other. Husband also promised to his wife that he will not assault her in future at any time and he also promised that her living standard shall be always maintained at par with other members of

his family.

6. The appellant and respondent have a 7 years old son "Priyansh (Prajjwal)" from their wedlock and he is studying in Class-I. Lalit Chauhan has promised her that he will take care of education, health and other needs like clothes and meals of their child in future.

7. From the detailed discussion with the parties and their counsels, I reached the conclusion that the spouses will live together with each other in future and their promises are genuine in nature.

8. Looking to the existence of a well grown son, who needs mother as well as father and their understanding, which is expressed above. Both were directed to come in the Court on the next date so that both may go to her matrimonial home from the Court premises directly.

9. Parties agree to withdraw all the pending litigations against each other and their family members.

10. I request the Hon'ble Court to accept this Settlement."

5. In view of the above settlement between the parties, the impugned decree dissolving the marriage between the parties is set aside.

6. All pending litigations between the parties shall be withdrawn by either of the parties and till the application for withdrawal is filed and the necessary orders are passed therein, those proceedings shall remain stayed.

SD/- SD/- (Prashant Kumar Mishra) (N.K.Chandravanshi) Judge Judge Amardeep