Exercise-III

Ram Dev and Sandhya are husband and wife, married on 05/10/2018 (5 years ago),
residing in Bangalore. They both are working in MNC Companies. After a few
years of marriage due to work pressure and ego problems, compatibility between
the spouses was not there. So, they started living separately for 6 months. After
living separately Sandhya realized the loneliness in his life and she come back to
Ramdev. But Ramdev was not willing to live with Sandhya. Ramdev had applied
for Judicial separation. Meanwhile, Sandhya has applied for restitution of conjugal
rights. Now the case is before the conciliation board decides the case.

1. Opening statement of the Conciliator

Welcome parties to your Conciliation Session.
My name is ….. today in this session I’m playing the role of Conciliator and
I will try my best to give you both an amicable settlement.
As a Conciliator, my role is to hear both parties and give the best solution to
both of you.
Can parties give a short introduction about themselves
Party A- Sandhya and Party B- Ram Dev, Thank you both parties for the
introduction.
First of all, I would like to describe the Conciliator ground rules: Conciliator
is voluntary, I hope all the parties present here are voluntary basis and not to
be forced into this mediation session.
Conciliation is an alternative dispute resolution process whereby the parties
to a dispute use a conciliator, who meets with the parties both separately and
together in an attempt to resolve their differences.
 As a conciliator and I will be helping both parties to find a good and
reasonable solution to the dispute that arose between both of you. Hope both
of you will co-operate with me to help you in this matter.

2. Statement by the First Party (Sandhya)

i. Good morning, this is Sandhya I filed the application for restitution of
conjugal rights with Ram Dev as both of us got married on 5.10.2018.
ii. After a few years of marriage due to ego and pressure, we start living
separately for 6 months.
iii. After the passing of time, I realized the loneliness in my life and
wanted to make a fresh start with Ramdev but he is not ready to keep
me and applied for judicial separation.
iv. I promise that I will obey all the instructions and respect my husband
with proper dignity and also request you make him understand that he
will also respect my feelings.
v. As a woman I don’t want to go for litigation I just want to spend my
rest life with my husband, I realized my mistake.
vi. I would like to mention here in this conciliation session that this is not
only my fault, he also did some wrong. And if I want to settle with
him then, I have some condition that he has to spend some time with
me because he is always busies on the phone.
vii. I want to resolve this matter as soon as possible through this
conciliation session.

3. Statement by the Second Party (Ram Dev)

i. Good morning, this is Ram Dev husband of Sandhya and I filed the
application for judicial separation as my wife after aa small fight she left
 me and start living separately for 6 months and she never realized my
need in her life.
ii. I tried so many times to contact her but she never picked up my call
which clearly shows her intention to not reside with me in lieu that I filed
the application for Judicial Separation.
iii. I also don’t want to leave her but if she promises to give me a fresh start
and be ready to restart the relationship again without any nuisance and
quarrel.
iv. If she again started doing this then I will leave her and go for divorce but
I want to give her a second chance.
v. By this view I am ready to have a settlement through this Conciliation
process and I am hoping the same from you.

4. Observation by the Conciliator

According to my observation of the above said Facts and circumstances both
partieshave done some mistakes in their relationship but now both parties
agree to give a fresh start to the relationship by ignoring the previous
mistakes done by both parties.
I also want to mention here that both should respect the feeling of each other
and try to give time to each other so that they can start a new life with a new
chapter.

5. Settlement Agreement
The parties hereto agree that this lawsuit and all related claims and
controversies between them are hereby settled in accordance with
the following terms:
1. The parties acknowledge that bona fide disputes and
controversies exist between them, and they desire to
compromise and settle all claims and causes of action of any
kind whatsoever which the parties may have arising out of the
transaction or occurrence which is the subject of this litigation.
It is further understood and agreed that this is a compromise of a
disputed claim, and nothing contained herein shall be construed
as an admission of liability.
2. That both the parties agrees to settle down the dispute and
parties are ready to give a fresh start without any terms or
conditions and it is hereby directed to both the party to respect
each other with proper dignity.
3. If any party feels aggrieved from the above direction they can
appeal to the higher authority.