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2011 DIGILAW 254 (GAU)

Lalthazuali Pautu v. Roneihtluangi

2011-03-23

TINLIANTHANG VAIPHEI

body2011
JUDGMENT T. Vaiphei, J. 1. Heard Ms L Khiangte, the learned Counsel for the Petitioner. As directed by me on 24.2.2011, both the Petitioner and the Respondent, who is accompanied by her friend, Mrs. Lalrinawmi of Shillong also personally appear before me today. On my direction, the Respondent remitted from SBI/Main Branch, Aizawl a sum of Rs.5,00,000/- (Rupees five lakhs) to the SBI/Madanriting account of Mrs. Lalrinawmi of Shillong for payment to the minor-children through their aunty, the Petitioner herein, who is currently acting as their next-friend. She has also deposited with this Court the passbook of her SBI/Darlawn Branch bank account as well as the ATM Card thereon. In terms of the oral agreement made by the parties on 24.2.2011, this case is finally settled by and between the parties on the following terms and conditions: 1. The Petitioner, for and on behalf of the three minor children, namely, (i) Master KD Lalawmpui, born on 24.07.1999, (ii) Master Malsawmtluanga Pautu, born on 21.07.2004 and (iii) Miss Malsawmkimi, born on 2.4.2006, do hereby acknowledge the receipt by cheque amounting to Rs.5,00,000/-(Rupees five lakhs) only issued by Mrs. Lalrinawmi from her SBI/Madanriting account on behalf of the Respondent for the maintenance and education of minor-children. 2. The Respondent, after drawing the monthly pension of her deceased husband every month, shall deposit the same in her SBI/Bank/Darlawn account and shall allow the Petitioner to withdraw all the family pension amount through the ATM until further order from this Court for the maintenance and education of the minor-children: she has accordingly handed over the ATM Card issued by the SBI/Darlawn Branch to the Petitioner to enable her to withdraw the family pension on behalf of the minor-children, which is hereby acknowledged by the Petitioner. 3. The Respondent has agreed to report to the pension authorities/Record on the appointed day of every year so as to facilitate regular payment of the monthly pension: reasonable expenses incurred by her for coming to Shillong and back in connection therewith shall be deducted by her from the family pension. 4. The Respondent shall not withdraw or use all or any portion of the family pension relinquished by her in favor of her minor-children in terms of the agreement until further order from this Court. 5. 4. The Respondent shall not withdraw or use all or any portion of the family pension relinquished by her in favor of her minor-children in terms of the agreement until further order from this Court. 5. The Petitioner shall in the name of the three minor-children, with her name as their next friend, immediately keep Rs.5,00,000/- (Rupees five lakhs) only in a fixed deposit in a nationalized Bank or Rural Bank, as the case may be, for a period of five years and shall not withdraw the same except the interest accrued thereon every year for the maintenance of the minor-children the same before the expiry of five years without the permission of this Court. 6. No part of the family pension or the fixed deposit referred to above shall ever be used by the Petitioner except for the maintenance, welfare and education of the three minor-children. 7. The Respondent shall, during school holidays, have the right to visit and stay with her children at the house of the Petitioner once every month and shall not have the right to take them out and the Petitioner and her family members shall always grant free access to the Respondent for that purpose. 8. The Respondent shall, however, have the right to take her children to her house during winter/long school vacation for not more than four days for staying with her and shall hand them over to the custody of the Petitioner thereafter and the Petitioner or any of her family members shall not put any obstruction for exercise of this right by the Respondent. 9. The Petitioner shall continue to have custody of the minor-children till the time the Court seizing with the guardianship case filed by the Respondent decides otherwise. 10. The parties are directed to bear respective costs.