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2006 DIGILAW 1092 (RAJ)

UMA v. MAHENDRA KUMAR BHATI

2006-04-05

R.P.VYAS, RAJESH BALIA

body2006
Judgment ( 1 ) LEARNED counsel for the parties present with respective parties. A compromise deed duly signed arrived at between the parties and verified before the Dy. Registrar (Judicial) in whose presence, the parties were identified by respective counsel, has been produced before us. The terms of which are as under:-1. That the respondent Mahendra Kumar agrees to pay Rs. 50,000/- (Rupees Fifty thousand only) to appellant Smt. Uma before the Family Court, Jodhpur on or before 10. 5. 2006 and from the said amount of Rs. 50,000/- appellant Smt. Uma will open a Monthly Income Scheme account in a Post Office for a period of six years in the name of Kumari Siwangi and the monthly interest received from the said account will be deposited by smt. Uma in a R. D. Account which will be opened in a Post Office for a period of six years in the name of Kumari Siwangi. The Appellant agrees that the amount of both these account after the date of maturity will be received by Kumari siwangi and will be used only towards the expenses of marriage of Kumari siwangi and the amount of both these accounts will not be withdrawn before the period of six years i. e. before the date of maturity of the accounts. ( 2 ) THAT the respondent Mahendra kumar further agrees to pay Rs. 1,000/- (Rupees One Thousand only) on or before 10. 5. 2006 and continue to pay the same per month on or before 10th of each month for a period of six years to appellant Smt. Uma before the Family court, Jodhpur and from the said amount of Rs. 1000/- Smt. Uma will open a R. D. account in the Post Office in the name of Kumari Siwangi and after six years the maturity amount of this R. D. account will be received by Kumari Siwangi and will be used only towards the expenses of her marriage and amount of this account will not be withdrawn before the period of six years i. e. before the date of maturity of the account. ( 3 ) THAT the respondent Mahendra kumar further agrees that he will continue to pay the maintenance amount of Rs. 2000/- per month to Smt. Uma and kumari Siwangi in pursuance of the order dated 24. 2. 2005 passed by the Family court, Jodhpur in Criminal Original no. 109/96. ( 3 ) THAT the respondent Mahendra kumar further agrees that he will continue to pay the maintenance amount of Rs. 2000/- per month to Smt. Uma and kumari Siwangi in pursuance of the order dated 24. 2. 2005 passed by the Family court, Jodhpur in Criminal Original no. 109/96. The appellant Smt. Uma agrees that she will not initiate any proceedings for enhancement of the said amount of maintenance in future. ( 4 ) THAT on account of arriving at this settlement the appellant Smt. Uma agrees to withdraw the present Misc. Appeal and as a consequence thereof the decree passed by the Family Court, jodhpur dt. 24. 2. 2005 in Civil Original case No. 17/96 will be affirmed. ( 5 ) ACCORDINGLY, this appeal is disposed of in terms of the aforesaid settlement and on fulfillment of the condition of deposit of rs. 50,000/- on or before 10th May,2006 and rs. 1,000/- as a first installment of monthly payment towards marriage expenses of Kumari siwangi, the appeal shall stand dismissed as withdrawn. Parties shall bare their own costs throughout.