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2008 DIGILAW 2070 (SC)

Navpreet Kaur v. Gurkirat Singh

2008-12-06

ARIJIT PASAYAT, P.SATHASIVAM

body2008
ORDER : Dr. Arijit Pasayat, J. Heard learned counsel for the parties and the parties who are present in person. 2. This transfer petition is disposed of on the following terms : 1. A sum of Rs. 3,00,000 shall be paid by the respondent to the petitioner by 15-2-2009. 2. A further sum of Rs. 2,00,000 shall be paid by 15-4-2009. From May 2009 a sum of Rs. 3000 per month shall be paid by the respondent to the petitioner for the welfare of the son who is presently three years of age. The payment shall continue to be made till the boy attains majority. 3. On the payment of the sum of Rs. 5,00,000 the criminal proceedings pending before the Judicial Magistrate, First Class, Chandigarh in complaint case alleging commission of offences under Sections 498-A, 406 and 120-B filed before the learned Chief Judicial Magistrate, UT Chandigarh titled Navpreet Kaur v. Gurkirat Singh shall stand quashed. 4. Similarly, the proceeding under Section 9 of the Hindu Marriage Act in MAT Case No. 2 of 2008 pending before the learned Civil Judge, Senior Division, Champua, Orissa shall stand quashed. 5. The parties, after payment of the aforesaid sum of Rs. 5,00,000 shall file a joint petition before the learned District Judge, Chandigarh for a decree of divorce by mutual consent. The said petition shall be allowed in terms of the present order. 6. It is made clear that if there are two consecutive defaults in making payment of Rs 3000 per month, the criminal case quashed pursuant in the present order shall stand revived. The payment shall be made by the 10th of the succeeding month by crossed cheque in favour of the petitioner, by the respondent. 7. Until the final orders are passed in terms of the present order, all proceedings in different courts shall remain stayed. The transfer petition stands disposed of.