Smt. Asmitha Musale v. Rajeev Musale And ANR

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE SRI JUSTICE M.LAXMAN FCA.Nos.30 of 2007 and 226 of 2008 COMMON JUDGMENT:(per Hon'ble Sri Justice A.Rajasheker Reddy) FCA.No.30 of 2007:

This appeal is filed by the appellant-wife against the order and decree dt.25.01.2007 passed by the Judge, Family Court, Secunderbad in OP.No.254/2005 filed by the husband seeking divorce, which was allowed granting divorce.

FCA.No.226 of 2008:

This appeal is filed by the appellant-husband against the order and decree dt.06.11.2008 passed by the Judge, Family Court, Hyderabad in FCOP.No.544 of 2005 filed by the wife for Restitution of Conjugal Rights, which was allowed directing the respondent-husband therein to take back his wife from her parents house within a month.

For the sake of convenience both the parties are arrayed as they were arrayed in FCA.No.226 of 2008.

When these matters were listed on 07.09.2021, this Court referred these matters for mediation and settlement between the parties. Subsequently, mediator submitted report on 04.01.2022 stating that mediation is successful and also filed Terms of Settlement entered into between the parties.

When the matter is listed on 06.01.2022, the respondent-wife submitted that though she affixed her signature on the Terms of Settlement dt.04.01.2022, before the Mediation and Arbitration Center and received an amount of Rs.6 lakhs, it is not sufficient for her and she wants more amount. As such, the matter was adjourned with a direction to the respondent-wife to return the amount received by her towards settlement to the appellanthusband. To-day, when the matter is listed, the respondent-wife is present in person, physically, before this Court and states that she is agreeable for dissolution of marriage and also agreeable to receive Rs.6 lakhs towards full and final settlement against all the claims and also states that the appeals can be disposed of in terms of 'Terms of Settlement' dt.04.01.2022 arrived at before the Mediation and Arbitration Centre. She also states that an amount of Rs.6 lakhs has been deposited into her account by her husband. The appellant-husband is also present through virtual mode and is identified by his counsel.

In view of the above, since both the parties have agreed to dissolve their marriage and entered into the Terms of Settlement dt.04.01.2022 before the Mediation and Arbitration Centre, the same is hereby recorded and a decree be drawn in accordance with the Terms of Settlement and a copy of Terms of Settlement filed by the Mediator along with the mediation report shall form part of the record.

Accordingly, both the appeals are disposed of dissolving the marriage dated 07.07.2000 between the parties by granting a decree of divorce by mutual consent, in terms of 'Terms of Settlement' dt.04.01.2022 entered into by them before the Mediation and Arbitration Centre.

Miscellaneous petitions, if any, pending in the FCAs shall stand dismissed.

____________________________ A.RAJASHEKER REDDY, J _______________ M.LAXMAN, J Date: 03.02.2022 tk

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE SRI JUSTICE M.LAXMAN FCA.Nos.30 of 2007 and 226 of 2008 Date: 03.02.2022 tk