HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 674 of 2023 Court No. - 2 HON'BLE ATUL SREEDHARAN, J. HON'BLE VIVEK SARAN, J. 1. The matter has been taken up out of turn on the mention made by Sri Manish Kumar Singh, learned counsel for the opposite party/wife. He expresses his inability to serve the notice to the counsel representing the appellant/husband. 2. Learned counsel for the respondent/wife submits that pursuant to the order dated 23.5.2023, the matter was referred to the mediation centre and in the mediation proceedings, the dispute inter-se the appellant/husband and respondent/wife was amicably settled pursuant to which joint divorce petition under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act") was filed which was registered as Case No.1465/2023 before the Principal Judge, Family Court, Jaunpur and the same was decreed on 27.5.2025 whereby the marriage solemnized on 11.06.2014 was dissolved. 3. Learned counsel for the respondent/wife has produced a certified copy of the judgement and order dated 27.5.2025 before the Court, the same is taken on record and marked as "X". 4. Learned counsel for the respondent/wife further submits that in view of the judgement dated 27.5.2025, this appeal and the connected appeal Versus Counsel for Appellant(s) : Ram Bahadur, Ravi Yadav Counsel for Respondent(s) : B.N.Singh, Manish Kumar Singh Ashu Dubey .....Appellant(s) Preeti Dubey .....Respondent(s) being First Appeal No.677 of 2023 wherein on the application made by the wife under Section 9 of the Act, an order was passed, has become infructuous. 5. He further submits that under the order dated 23.5.2023 of this Court in the instant appeal the dispute was referred for mediation and there was a direction for deposit of Rs.2,50,000/- by the appellant/husband in the mediation proceedings out of which Rs.2,00,000/- was to be retained in interest bearing term deposit and the said amount had to abide by the terms of the mediation or the final order of this Court. He further submits that in spite of conclusion of all proceedings as per the terms of mediation, this amount of Rs.2,00,000/- still remains to be paid and therefore a specific order is required be passed and he accordingly prays for the same. 6. Heard the counsel for the respondent and have perused the record. 7. This Court by order dated 23.5.2023 has passed the following order:- "1. Heard Sri Utkarsh Srivastava, learned counsel for the appellant and Sri Manish Kumar Singh, learned counsel for the respondent. 2. At present, divorce sought by the appellant has been declined and proceedings for restitution of conjugal rights under Section 9 of Hindu Marriage Act, 1955 has been allowed. 3. Parties are still young and there are no issues born to him. 4. On the suggestion of the Court, both counsel state that there is hope in mediation. At the same time, learned counsel for the opposite party states, at present, in excess of Rs. 2,00,000/- is due from the appellant towards interim maintenance. 5. Accordingly, the matter may be referred to the Mediation Centre of this Court. In the facts noted above, it is directed that the appellant shall deposit a sum of Rs. 2,50,000/- by 15.06.2023 with the Mediation Centre, of which Rs. 50,000/- shall be paid to the opposite party, Preeti Dubey FAPL No. 674 of 2023 2 (wife of the appellant) for appearance before the Mediation Centre on a date to be fixed by the Mediation Centre. Balance Rs. 2,00,000/- shall be retained in interest bearing term deposit which shall abide by the terms of the settlement reached or further orders of this Court. 6. The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to the appellant and opposite party. 7. It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench along with First Appeal No. 677 of 2023 showing the name of Sri Manish Kumar Singh, as counsel for the respondent. 8. Subject to the appellant depositing the amount of Rs. 2,50,000/- as above, till the next date of listing, further proceedings against the appellant in pursuance of Case No. 157 of 2018 (Anshu Dubey Vs. Preeti Dubey) dismissing the suit for divorce filed by the appellant under Section 13 of the Hindu Marriage Act, 1955, shall be kept in abeyance. 9. After depositing the amount, aforesaid, notice shall be issued to the appellant and opposite party and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated." 8. Pursuant to which the mediation was conducted successfully and a settlement was entered between the parties on 20.12.2023. The said settlement recites in its clause 7 an interim settlement dated 29.11.2023 which reads as under:- "a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Jaunpur, which is registered as Case No. 1465/2023. The certified copy of aforesaid divorce petition is being annexed to this settlement for kind perusal of the Hon'ble Court. b) That it has been agreed between the parties that the husband shall pay an amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) to the wife as permanent alimony including Stridhan and maintenance of the wife. The aforesaid amount includes the amount of Rs.2,00,000/- deposited with the Mediation Centre in compliance of the FAPL No. 674 of 2023 3 order dated 23.05.2023 of the Hon'ble Court. After receiving the aforesaid amount, she shall not entitled to claim any further maintenance of any nature whatsoever from the husband and his family member in any manner whatsoever under any circumstances nor she shall stake any claim in the property of husband or his family members under any circumstances or under any law. c) That on 29.11.2023, the husband had produced a demand draft bearing no. 997910 dated 21.11.2023 drawn on State Bank of India for Rs.3,00,000/- (Rs. Three Lakh Only) issued in the name of Priti Mishra (wife), which was kept in the file concerned and the same has been handed over to the Respondent-wife today i.e. 20.12.2023 and she has acknowledged the receipt of the same. d) That today i.e. 20.12.2023, the husband has handed another demand draft bearing no.997914 dated 14.12.2023 drawn on State Bank of India for Rs. 2,50,000/- (Rs. Two Lakh Fifty Thousand Only) in favour of Priti Mishra (Wife), to the Respondent-Wife and she has acknowledged the receipt of the same. e) That it has been agreed between the parties that the remaining amount i.e. Rs. 7,50,000/- (Rs. Seven Lakh Fifty Thousand Only) shall be paid by Ashu Dubey (Appellant- husband) to Smt. Preeti Dubey (Respondent-wife) at the time of final judgment on the application u/s 13 B of the Hindu Marriage Act, before the Principal Judge, Family Court, Jaunpur, by way of demand draft of a nationalized bank. f) That it has also been agreed between the parties that all the cases, (if any) civil or criminal case is pending between the parties against each other regarding present matrimonial dispute shall also be withdrawn by the parties concerned as soon as possible in view of this settlement-agreement. g) That the parties further agreed that they shall not file any fresh case/complaint against each other regarding present matrimonial dispute in any manner whatsoever." 9. This settlement in its clause 7 (b) do states that the amount of Rs.2,00,000/- deposited with the mediation centre would be settled towards the total amount which the respondent/wife was entitled to receive. 10. The judgement and order dated 27.5.2025 passed in Case No.1465 of 2023 by the Principal Judge, Family Court, Jaunpur dissolving the marriage, there is a statement made by the parties that this amount of Rs.2,00,000/- would be adjusted towards the final amount which has been FAPL No. 674 of 2023 4 settled. 11. Thus, in view of the aforesaid, when the parties have already got their marriage dissolved and there is nothing on record disputing the entitlement of the respondent to receive the amount of Rs.2,00,000/- deposited at the Mediation Centre under the orders of this Court dated 23.5.2023, with interest, the same is directed to be released in favour of the respondent/wife along with accrued interest, if any, by the Mediation Centre within a period of one month from the date of production of certified copy of this order along with necessary bank details, if not already paid. 12. In view of the above, the instant appeal stands disposed of. 13. No order as to cost. April 27, 2026 Gaurav Kuls FAPL No. 674 of 2023 5 (Vivek Saran,J.) (Atul Sreedharan,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad