The court allowed divorce by mutual consent, emphasizing the importance of amicable resolution and treating the Final Settlement Agreement as part of the order.

O R D E R

1. Leave granted.

2. The challenge herein is to the judgment dated 20.03.2023 passed by a Division Bench of the Madhya Pradesh High Court at Jabalpur, whereby decree of divorce granted by the Family Court in favour of the respondent-

husband has been upheld.

3. The marriage between the parties was solemnized on 31.01.2009. The appellant-wife is a doctor by profession, whereas the respondent-husband is an Indian Revenue Service Officer. A male child was born from wedlock on Signature Not Verified

12.04.2011.

Digitally signed by ARJUN BISHT Date: 2025.03.06

17:12:41 IST Reason:

4. On account of marital discord, the appellant-wife along with the child reportedly moved back to stay with her parents on 14.08.2013. Thereafter, the parties indulged in registering criminal cases against each other. The respondent-husband, meanwhile, filed a petition to grant decree of divorce before Family Court No.1, Jaipur. On a transfer petition moved by the appellant-wife, the said divorce petition was transferred to Family Court, Bhopal, where the Family Court passed an interim order handing over custody of the child to the respondent-husband. As the said order could not be complied with, the appellant-wife sought intervention of the High Court, where the proceedings initiated under Section 363 of the Indian Penal Code, 1860 (in short, the “ IPC ”) were dropped and she was discharged of such allegations. The respondent-husband challenged that order before this Court, but his special leave petition was dismissed.

5. Meanwhile, the Family Court granted a decree of divorce in favour of the respondent-husband on 31.08.2019. On the same date, the said Court also granted custody of the minor son in favour of the respondent-

husband.

6. Both these orders were challenged by the appellant- wife before the High Court and vide impugned judgment, the High Court has upheld the decree of divorce, though the second order of the Family Court, granting custody of the child in favour of the respondent-husband, has been set aside.

7. The appellant-wife being aggrieved by the decree of divorce has approached this Court.

8. During the pendency of these proceedings, the parties were referred to mediation to resolve their marital dispute. A former Judge of this Court was requested to act as the Mediator.

9. The tireless efforts made by the learned Mediator, the co-operation extended by learned counsel for the parties and with their re-conciliatory approach, the parties have amicably resolved their dispute through a Final Settlement Agreement dated 03.10.2024. The Settlement Agreement is duly signed by the parties, counsel for the respondent-husband as well as learned Mediator. A copy of the Final Settlement Agreement has been placed on record.

10. Some of the salient features of the Final Settlement Agreement are as follows:

“A. MAINTENANCE OF THE MINOR CHILD:

1. In the Interim Settlement, the parties had agreed that the respondent shall pay the petitioner a sum of Rs.2,11,00,000/- [Rupees Two Crores Eleven Lakhs only] towards the maintenance of the minor child of the parties in her care and custody. The first instalment of Rs.50,00,000/-[Rupees Fifty lakhs only] was paid by the respondent to the petitioner by way of a cheque dated 27^th September, 2024 which has been duly encashed. This leaves the balance sum of Rs.1,61,00,000/-[Rupees One Crore sixty one lakhs only] from out of the total sum of Rs.2,11,00,000/- [Rupees Two Crores Eleven Lakhs only]. For paying the said amount, the respondent has handed over the following three post-dated cheques drawn in favour of Axis Bank, Khan Market Branch, New Delhi to the petitioner:

2. The petitioner has undertaken that the aforesaid cheques when presented, shall be duly honoured and in the event any of the cheques are dishonoured, he would be ready to face adverse consequences by way of