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2011 DIGILAW 222 (RAJ)

Kishan Lal Pancholi v. Vishrami

2011-01-31

DALIP SINGH, MEENA V.GOMBER

body2011
JUDGMENT 1. - Compromise filed between the parties, has been verified and attested the Deputy Registrar (Judicial) before whom the parties have appeared and were identified by their respective counsel and the parties have agreed to the terms of compromise, as contained in the application No. 2557 dated 25.01.2011, as amended by application No. 3315 dated 31.01.2011. 2. The parties moved an application No. 3315 today seeking amendment in Para No. 4 of the compromise application No. 2557. 3. With a view' to secure the ends of justice, the amendment application No. 3315 was allowed and Para No. 4 of the compromise application No. 2557 shall stand amended and according to which the son of the parties viz., Ramavtar, who is a minor has been handed over to the appellant, the father has undertaken the responsibility to maintain the minor son Ramavtar in his custody. 4. It has further been agreed that the respondent-mother would have the right to meet her son-Ramavtar minor whenever she desires to meet him and the appellant, the father will have no objection to the same. 5. The application No. 3315 under Section 151 Civil Procedure Code filed by the parties with the aforesaid modification and amendments to Para No. 4 of the application No. 2557 glands allowed. 6. As per the terms of compromise, it has been agreed that the appeal filed Joy the appellant-husband against the dismissal of his application under Section 13 of the Hindu Marriage Act seeking dissolution of the marriage be allowed by mutual consent. The decree dismissing the application filed by the appellant-husband accordingly is set aside. 7. It is directed in terms of the compromise that the marriage of the appellant-husband-Kishan Lal Pancholi with the respondent-wife Smt. Vishrami solemnized between the parties stands dissolved and a decree to that effect is passed and he, accordingly, drawn. 8. It has further been agreed between the parties that the respondent-wife in terms of the compromise has accepted permanent alimony on one time basis from the appellant-husband for an amount of Rs. 3,50,000/- (Rupees Three Lacs & Fifty Thousand Only) by demand draft No. 002213 dated 19.01.2011 drawn at Integral Urban Co-operative Bank Limited, Branch Ajmer. 9. 8. It has further been agreed between the parties that the respondent-wife in terms of the compromise has accepted permanent alimony on one time basis from the appellant-husband for an amount of Rs. 3,50,000/- (Rupees Three Lacs & Fifty Thousand Only) by demand draft No. 002213 dated 19.01.2011 drawn at Integral Urban Co-operative Bank Limited, Branch Ajmer. 9. It has further been agreed by the respondent-wife that as a result of acceptance of the aforesaid permanent alimony amount she will henceforth have no further claim to any maintenance amount from the appellant-husband for herself. 10. Accordingly, the compromise application No. 2557 dated 25.01.2011 as well as application No. 3315 dated 31.01.2011 seeking amendment to Para No. 4 of the compromise application filed under Section 151 Civil Procedure Code also stand allowed. 11. The appeal filed by the appellant seeking dissolution of marriage and setting aside the judgment and decree passed by the learned Family Court, Ajmer dated 01.08.2009 in matrimonial case No. 15 of 2009 is allowed and the above decree is set aside and the application filed by the appellant-husband under Section 13 of the Hindu Marriage Act for dissolution of the marriage between the parties stand allowed. 12. Cost is made easy.Appeal Allowed. *******