Manisha v. Rajpal
FAO No.1822 of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
FAO No.1822 of 2013 Date of Decision: 20.11.2015 Smt. Manisha ..Appellant versus Rajpal Singh ..Respondent FAO No.2392 of 2013 Rajpal Singh ..Appellant versus Manisha ..Respondent and CRR(F)-70-2013 Manisha Devi ..Petitioner versus Raj Pal ..Respondent
CORAM:
HON'BLE MR.JUSTICE RAJIVE BHALLA HON'BLE MRS. JUSTICE REKHA MITTAL
Present:
Mr. Navneet Singh, Advocate, for the appellant. Mr. Ankur Tyagi, Advocate, for the respondent RAJIVE BHALLA, J.(ORAL) By way of this order, we shall decide FAO No.1822 of 2013 "Smt.Manisha versus Rajpal Singh", FAO No. 2392 of 2013 "Rajpal Singh versus Manisha" and CRR (F) No.70 of 2013 "Manisha
FAO No.1822 of 2013 2 Devi versus Rajpal"
Parties were referred to mediation, where with able assistance of the mediator, they have resolved their dispute in the following terms:- "1. The parties have decided to join each other's company and to cohabit together as husband and wife. They will stay along with their son. Both the parties went together from the Mediation Centre itself on the last date, i.e., 04.09.2015 and they have no grudge against each other and they have decided to stay together for rest of the life.
2.
Both the parties have decided that first party shall withdraw the petition filed for maintenance before the Family Court at Sonipat which is fixed for 14.08.2015. The parties have further decided that first party shall not pursue the present CRR(F) No.70 of 2013, FAO No.1822 of 2013 and the second party shall not pursue FAO No.2392 of 2013. Both the parties shall make a statement for the withdrawal of the cases filed by them on the basis of this compromise.
3.
The parties have further decided that everyone shall respect each other's dignity, they will not use abusive language as well as will not physically hurt each other and shall make endeavour for the betterment of the family. 4.
With the execution of the present compromise, entire dispute between the parties shall stand settled. None of
FAO No.1822 of 2013 3 the parties shall institute any unwanted litigation against each other.
5.
This compromise has been reached between the parties without any pressure and both the parties have very happily agreed to abide by the terms and conditions of the agreement. Both the parties shall be bound with the terms and conditions of this compromise.
6.
That Rajpal Singh (second party) has agreed to maintain his wife and son. It is settled that both the parties will contribute equally for the expenses of the family and their son.
7.
It is settled between the parties that they can go to visit their respective families as and when it is required. 8.
It has been further decided between the parties that in case of necessity, both the parties shall be free to present the copy of the above compromise before any authority or court if the same is required to witness the execution of the compromise or to settle any pending controversy between the parties.
9.
That it has further been agreed between the parties if any one of the parties backs out from the terms and conditions of the settlement, the other party shall have the liberty to revive the case against that party. 10.
The parties have gone through the contents and the same have been explained to the parties and after admitting the same as correct, have put their respective
FAO No.1822 of 2013 4 signatures.
11.
That the parties undertake to abide by the terms and conditions set out in the agreement and not to dispute the same hereinafter in future.
12.
That the parties have received a duly signed copy of compromise."
A perusal of the settlement reveals that parties have agreed to live together thereby rendering appeals infructuous. As regards the revision, as parties have agreed that proceedings under Section 125 of the Code of Criminal Procedure shall be withdrawn, the revision is also rendered infructuous. Consequently, both appeals and revision are dismissed as infructuous.
( RAJIVE BHALLA ) JUDGE ( REKHA MITTAL ) 20.11.2015 JUDGE VK