Apeksha Singh v. In the Court of Honble Principal Judge, Familiy Court, Faizabad and Others

Court No. - 17 Case :- TRANSFER APPLICATION (CIVIL) No. - 97 of 2023 Applicant :- Apeksha Singh Opposite Party :- In The Court Of Honble Principal Judge, Familiy Court, Faizabad And Others Counsel for Applicant :- Somarani,Mr.Alok Pandey,Rita Agnes Cocker Pandey Counsel for Opposite Party :- Neera Yadav Hon'ble Alok Mathur,J.

¶1Heard Sri Alok Pandey, learned counsel for applicant.

¶2Learned counsel for applicant has informed this Court that mediation proceedings have been successful and a settlement have been arrived at. In the said settlement the parties have resolved the differences and have decided to live together. The said settlement has already been filed before this Court by Mediation and Conciliation Centre which is available on record.

¶3In light of the settlement arrived at between the parties on 23.11.2023, the civil suit No. 97/2023 has been agreed to be withdrawn and the instant petition is being disposed of in terms of the settlement arrived at between the parties in the mediation proceedings. The settlement is quoted hereunder:- "SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT entered on 23.11.2023, between Apeksha Singh D/o Mr. Vinay Moon Singh Resident of Near S.G.P.G.I., Saraswati Puram, Raibareli Road, Lucknow [First Party/ Petitioner/Wife) and Rahul Matin s/o Mr. David Priyo Matin Resident of Mission School Compound, Sadar Cantt, Faizabad (Second Party/ Respondent No.3/ Husband) WHERE AS

¶1Disputes and differences had arisen between the Parties here to and Transfer Application (Civil) No.97 of 2023 (Apeksha Singh versus In the Court of Hon'ble Principal Judge, Family Court, Faizabad And Others) was filed in Lucknow Bench of Hon'ble High Court

¶2The matter was referred to Mediation/Conciliation vide an order dated

18.07.2023 passed by Hon'ble Mr. Justice Alok Mathur.

¶3The parties agreed that Mr. Mayankar Singh, Advocate and Ms Sujata Srivastava, Advocate High Court, Lucknow would act as their Mediators/Conciliators.

¶4Several meetings were held during the process of Conciliation/ Mediation from 25.07.2023 till 23.11.2023 and the parties have, with the assistance of the Mediators/ Conciliators, voluntarily arrived at an amicable solution resolving all their dispute and differences.

¶5The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators/Conciliators and there is no coercion or undue influence on either of the parties of any kind whatsoever in arriving at this settlement agreement.

¶6The following settlement has been arrived at between the Parties hereto:- A. That both the parties agree that they will live together with love, affection, giving due respect to each other and taking good care of each other at a new residence at Garden City D.L.F. ET-16-108 Raibarely Road, Lucknow. B. That both the parties agree that all the expense regarding settlement in new residential place will be borne by the second party, Rahul Matin. C. That both the parties have agreed to behave respectfully to the family members of each other and the family members will also not interfere in the peaceful married life of both the parties. D. That the parties have agreed to withdraw/ not press the cases filed against each other and their relatives. The details of the cases are as under: i. Civil Suit No.216 of 2022 (Rahul Martin Versus Apeksha Singh) Under Order 11 Rule 9 C.P.C. pending before principal Judge Family Court Ayodhya,"

¶4In light of the above, the settlement is made the rule of the court and the writ petition is disposed of in terms of the settlement dated 23.11.2023 arrived at between the parties. (Alok Mathur, J.) Order Date :- 30.11.2023 Ravi/ High Court of Judicature at Allahabad, Lucknow Bench