Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 1282 (MP)

Nirmala Saini v. Rajesh Kumar Saini

2014-10-08

RAJENDRA MENON, SANJAY YADAV

body2014
JUDGMENT 1.This appeal has been filed under section 28 of the Hindu Marriage Act, 1955 calling in question the judgment and decree dated 3.1.2013 passed in R.C.S. No. 732-A/2010 by Second Additional Principal Judge, Family Court, Bhopal. 2. A decree has been passed dissolving the marriage between the parties, which was solemnized on 18.4.2008 at Gwalior. During the pendency of the matter, parties have resolved their dispute amicably and it is stated by the parties who appear in person today that they accept the decree for dissolution of marriage passed by the trial Court. The respondent husband is willing to pay a sum of Rs. 3,50,000/- (Rupees three lacs fifty thousand only) as full and final settlement and one time payment as alimony to the appellant/wife and the appellant/wife is ready to accept the said amount and makes a statement that she will not claim any further alimony, maintenance or any amount from respondent/husband and also submits that the decree for dissolution of marriage be affirmed, she be permitted to withdraw the appeal and accordingly the appeal be disposed of by modifying the decree. 3. Keeping in view the aforesaid, we dispose of this appeal in following manner:- The decree for dissolution of marriage passed by the Trial Court on 3.1.2013 in R.C.S. No. 732-A/2010 is affirmed. However the decree is further modified to the extent that the respondent/husband has paid a sum of Rs. 3,50,000/- (Rupees three lacs fifty thousand only) to the appellant wife vide Bankers Draft No. 145748 dated 14.8.2014 drawn on Union Bank of India, R.K.D.F., Branch, Bhopal. The draft is handed over to the appellant/wife and the appellant/wife accepts the same as full and final settlement of the alimony and maintenance. She acknowledges the receipt of draft by affixing her signature on the order sheet. 4. Accordingly this appeal is disposed of with aforesaid settlement entered into between the parties and a modified decree in terms of the above settlement be passed. This appeal stands finally disposed of. C.C., as per rules.