Antony Dominic, J.

1. This appeal is filed by the respondent in OP.748/10 on the file of the Family Court, Kottayam at Ettumanoor. The OP was filed by the respondent herein, the husband of the appellant, seeking dissolution of their marriage on the ground of cruelty as contemplated under section 13(1)(ia) of the Hindu Marriage Act. By the judgment under appeal, the Family Court allowed the OP and dissolved the marriage of the appellant and the respondent which was solemnized on 13.6.2005, by a decree of divorce.

2. During the pendency of the appeal, on the request of the counsel appearing for both sides, this Court passed order dated 3.10.2013 referring the appeal for mediation at the Ernakulam Mediation Centre. Accordingly, the parties have entered into a memorandum of agreement dated 6.12.2013 settling their disputes out of court and the terms and conditions thereof which are 12 in number read thus:

(1)Parties agreed to dissolve their marriage by the decree of divorce on the ground of desertion and the respondent husband agree to withdraw the allegation of cruelty.

(2) The petition for restitution of conjugal rights filed by the wife pending before the Hon'ble Family Court