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2007 DIGILAW 863 (ORI)

MANAS KUMAR MATAGAJA SINGH v. NAMITA MATAGAJA SINGH

2007-11-14

PRADIP MOHANTY

body2007
JUDGMENT : Pradip Mohanty, J. - Heard Learned Counsel for the parties. 2. This revision is directed against the judgment and Order Dated 5.6.2006 passed by the Learned S.D.J.M., Bhubaneswar in Crl. Misc. Case No. 119 of 2005 u/s 125 Code of Criminal Procedure directing the Petitioner to pay monthly maintenance of Rs. 1000/- each to the Opposite Parties and to clear up the arrear amount of maintenance in ten equal installments within two years. 3. Now, in the above application (Misc. Case No. 2096 of 2007), which is supported by joint affidavit of the Petitioner (husband) and Opposite Party No. 1 (wife), it is averred that at the intervention of the well-wishers and relations they have arrived at a settlement and have decided to lead their independent life on being mutually separated from each other on the terms and conditions set out therein. 4. Perused the records including the terms of compromise. In the best interest of the parties, especially Opposite Party No. 2, this Court feels it appropriate to dispose of this revision with the following terms and conditions on the consent of the parties. 5. Petitioner shall pay a sum of Rs. 3,75,000/- (three lakhs seventy five thousand) in shape of bank draft in the name of Opposite Party No. 1 towards permanent alimony for both the Opposite Parties. The Petitioner and Opposite Party No. 1 will jointly file a mutual divorce petition before the Judge, Family Court, Rourkela along with the draft of Rs. 3,75,000/- within four weeks. Both the parties undertake not to prosecute the cases filed against each other and take necessary steps for withdrawal of those cases, the detailed description of which has been given in paragraphs 1, 2, 3 and 4 of the joint petition including MATA No. 22 of 2003 pending before this Court. Opposite Party No. 1 will not claim any further amount in any form from the Petitioner or any of his family members and shall not claim any right over the movable and immovable property of the Petitioner and his family members. Opposite Party No. 2 will not claim any maintenance from the Petitioner or his family members till he attains majority. Out of the aforesaid amount, Opposite Party No. 1 shall keep in fixed deposit Rs. Opposite Party No. 2 will not claim any maintenance from the Petitioner or his family members till he attains majority. Out of the aforesaid amount, Opposite Party No. 1 shall keep in fixed deposit Rs. 1,50,000/- (one lakh fifty thousand) in any Nationalized bank/post office in the name of Opposite Party No. 2 for a period of twelve years or till he attains majority, whichever is later. of the balance amount of Rs. 2,25,000/-, Opposite Party No. 1 shall deposit a sum of Rs. 2,00,000/- (two lakhs) in any nationalized bank/post office in the joint name of her (Opposite Party No. 1) and Opposite Party No. 2 for a period of twelve years. However, Opposite Party No. 1 is permitted to withdraw the interest that will accrue every month from the said deposit of rupees two lakhs and spend the same for their maintenance and education of Opposite Party No. 2. Soon after such deposit, Opposite Party No. 1 shall furnish the xerox copies of the aforesaid term deposit certificates before the Learned Judge, Family Court, Rourkela along with an undertaking that she will not withdraw the amount before maturity and shall not pledge the same for availing any loan. On receipt of those certificates, the Learned Judge, Family Court, in his turn shall intimate the concerned bank (s)/post office (s) to the effect that if they permit premature withdrawal, they will be liable for contempt. The rest Rs. 25,000/- (twenty five thousand) shall remain with Opposite Party No. 1 for maintenance of both and education of Opposite Party No. 2. 6. If Petitioner and his other family members including grand-father and grand-mother of Opposite Party No. 2 opt to see him or vice versa, they can do so at least twice in a year on any holiday and for that Opposite Party No. 1 shall not prohibit Opposite Party No. 2. The place of such meeting shall be Jatni either in the premises of any temple or in the house of any relation and in course of such meeting if grand-father, grand-mother or Petitioner desires to handover nay gift to Opposite Party No. 2, Opposite Party No. 1 will not raise any objection. 7. The S.D.J.M., Bhubaneswar is directed to disburse the amount lying in deposit before him in C.M.C. No. 119 of 2005 in favour of Opposite Party No. 1 on proper application. 8. 7. The S.D.J.M., Bhubaneswar is directed to disburse the amount lying in deposit before him in C.M.C. No. 119 of 2005 in favour of Opposite Party No. 1 on proper application. 8. In the result, the Misc. Case is allowed and CRLREV is disposed of. Urgent certified copy of the order be granted as per rules. Crl. Rev. disposed of