JUDGMENT

Raghvendra Singh Chauhan, CJ. - Mr. Naresh Chander Sati, the appellant, is present before this Court. Mrs. Tina Sati, the respondent, has joined this Court through video conference. The appellant has submitted his Canadian Passport in order to establish his identity. The respondent has been identified by her learned counsel.

2. The appellant has challenged the judgment and decree dated 19.05.2016 passed by the learned Family Judge, in OS No. 315 of 2005, "Shri Naresh Chander Sati v. Smt. Tina", whereby the learned Family Court has dismissed the divorce petition filed by the appellant.

3. However, during the pendency of the present appeal, the parties have entered into a compromise and have mutually agreed to divorce each other. Therefore, they have filed a copy of the final settlement between them, and have also filed an application under Section 13-B of the Hindu Marriage Act. The terms of the compromise are as under :-

1. That marriage between parties was solemnized on 21.01.2001 and a son was born out of wedlock on 16-10-2001 in U.S.A and who is major now

2. That for from 2003 both the parties are living separately i.e. for last around 18 years and they have not been able to live together and have been entangled in litigation since 2005 i.e. for last 16 years.

3. That pursuant to the conciliation and in deference of the observations made by the Hon'ble Court both the parties to the litigation, namely Respondent/Wife Smt. Tina Sati W/o Sri Naresh Chander Sati D/o Mr Iqbal Malik and the Appellant/Husband Naresh Chander Sati S/o Sri R. P. Sati have agreed to resolve and settle all their disputes, including matrimonial dispute, finally, arising out of the marriage solemnized between them on 21-01-2001, in order to enable them to live their lives separately, independently and with a clean and fresh beginning, with peace of mind, subject to following mutually agreed terms and conditions:

4. That in deference of the Hon'ble Court's efforts and observations made for settling of all the disputes between the parties to the litigation, both parties agrees and give their consent that the Appellant/Husband will pay a total amount of Rs.2,00,00,000/- (Rupees Two Crores only) in lieu of permanent alimony, arrears of maintenance, permanent maintenance to respondent wife Smt Tina Sati and son Master Sooryam, their son born out of wedlock, and the Respondent/Wife has accepted said offer and has agreed for grant of divorce by mutual consent by this Hon'ble Court, in terms of the consent reached between the parties, as both of them are living separately for last around 18 years.

5. That Appellant/Husband has agreed to pay the aforesaid amount of Rs.2,00,00,000/- (Rupees Two Crores only) towards the Wife/Respondent and Master Sooryam as under:

i) Rs.25,00,000/- (Rupees Twenty Five Lacs only) being the first instalment on or before 31.01.2021 before this Hon'ble Court.

ii) Rs.25,00,000/- (Rupees Twenty Five Lacs only) being the second instalment on or before 28.02.2021 before this Hon'ble Court.

iii) Since the huge sum of amount has to be arranged by the appellant, the balance amount to be paid within 12 months or as early as possible and in any case completed by end of 01.02.2022.

4. That the Appellant has agreed to transfer this money through Bank Draft to Hon'ble High Court Nainital as per the past practice of paying or as directed by the Hon'ble Court, to maintain and ensure transparency

5. The Appellant/Naresh Chander Sati promises and will be legally bound to deposit amount as settled between the parties as mentioned in 3 (i), (ii) and (iii) and as soon as the amount is fully paid, in terms of the present joint application, both the parties shall be bound by the Judgment and decree passed by this Hon'ble court of granting divorce to the parties and absolving them from all rights and liabilities, including those with respect to Master Sooryam

6. That Smt. Tina Sati, respondent wife, undertakes that on submission of Consent Terms, and payment of