AI Structured Summary
Not yet generated for this judgment
Judgment
Mr. Mohanty, learned advocate appears on behalf of appellant-husband and submits, his client preferred the appeal against judgment dated 30th March, 2021 of the Family Court dissolving the marriage at instance of respondent-wife. Said Court by another judgment also dated 30th March, 2021 dismissed the case for restitution filed by his client. Restitution not decreed was accepted by his client but not the dissolution.
Mr. Mohapatra, learned advocate appears on behalf of respondent-wife and submits, by order dated 13th February, 2024 the parties had been referred to mediation. Mr. Mohanty hands up mediation report dated 2nd April, 2024, which already stands attached to the file at flag ‘X’. The report is that the mediation proceeding was successful.
We reproduce below agreed terms and conditions stated in said mediation report, five in number.
“1. That the appellant (Husband) will withdraw the above matrimonial appeal which is pending before the Hon’ble High Court of Orissa for the sake of both the parties and he will not continue any further litigation with the respondent in any forum in future.
That the respondent (wife) will never claim anything from the appellant (husband) in any manner in future.
That the appellant (Husband) undertakes not to harass the respondent in physically and mentally in any manner in future for the interest of both the parties.
That, both parties will lead their independent life without any interference by each other and neither the appellant nor the respondent will create any huddles to each other in their future life.
The terms and conditions are being read over appellant (husband) and the respondent (wife) in presence of their counsels who admit the terms and conditions of settlement are written as per their wish and they agreed to abide by the terms and conditions in its true letter and spirit and thereafter they signed in my presence.”
On query from Court appearing learned advocates confirm that the parties agreed and accepted the terms. They have not resiled therefrom.
In view of aforesaid and there being a term agreed in mediation that this appeal will be withdrawn by appellant-husband, we in executing the term, dismiss it.
……………………………