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2014 DIGILAW 349 (JHR)

Rajesh Sharma v. Vipul Divya

2014-03-05

R.BANUMATHI, SHREE CHANDRASHEKHAR

body2014
ORDER 1. The appellant is represented by Mr. B.M. Tripathi, Senior Advocate and the respondents are represented by Mr. V. Shivnath, Senior Advocate. This First Appeal is preferred against the judgment dated 21.09.2006 passed in Maintenance Case No. 4 of 2005 whereby the appellant-husband had been directed to pay Rs. 5,000/- per month to respondent No. 1 wife and Rs. 3,000/- per month to respondent No. 2 daughter as maintenance. 2. The marriage of the appellant and respondent No. 1 was solemnized on 16.02.1997 according to Hindu rites and customs. Respondent No. 2 daughter namely Keha Rashmi was born out of their wedlock. A number of criminal as well as civil cases were filed by both of them and the relationship between the appellant and respondent No. 2 got strained. The appellant had also filed a divorce case being T.D.S. No. 374 of 2007 under Section 13(i)(b) of the Hindu Marriage Act, which is pending in the Family Court of Dhanbad. The respondent No. 1 had filed a maintenance case being Maintenance Case No. 4 of 2005 under Section 18(1)(2)(b) of the Hindu Adoption and Maintenance Act, 1956 for payment of maintenance of Rs. 16,000/- per month. The same was heard and on the basis of the evidence adduced by the parties, the Court below partly decreed the suit directing the appellant to pay the maintenance amount of Rs. 8,000/- per month to respondent No. 1wife namely Vipul Divya and respondent No. 2 daughter namely Keha Rashmi at the rate of Rs. 5,000/- and Rs. 3,000/- per month respectively. 3. Being aggrieved by the award of maintenance of Rs. 5,000/- per month to respondent No. 1 wife and Rs. 3,000/- per month to respondent No. 2 - daughter, the appellant has filed this appeal. 4. In the appeal, the parties having negotiated stated that they have arrived at a compromise, for which, interlocutory application being I.A. No. 1529 of 2014 has been filed. As per the terms of the compromise, the appellant offers Rs. 45,00,000/- as permanent alimony to the respondents i.e. Rs. 25,00,000/- to respondent No. 1 wife and Rs. 20,00,000/- to respondent No. 2 daughter. The appellant and the respondent No. 1 have agreed to withdraw all the cases filed by them till date in various Courts by way of filing compromise petition/withdrawing the same. 45,00,000/- as permanent alimony to the respondents i.e. Rs. 25,00,000/- to respondent No. 1 wife and Rs. 20,00,000/- to respondent No. 2 daughter. The appellant and the respondent No. 1 have agreed to withdraw all the cases filed by them till date in various Courts by way of filing compromise petition/withdrawing the same. The parties have also agreed to file petition under Section 13B of the Hindu Marriage Act, 1955 before the Family Court at Dhanbad for divorce by mutual consent in Title Divorce Suit being T.D.S. No. 374 of 2007. 5. The appellant-Rajesh Sharma and respondent No. 1 Vipul Divya are present in the Court and in the open Court, the statements of the appellant and the respondent No. 1 were recorded. In the statement, both of them have stated that they have voluntarily and willingly compromised the matter and also undertaken to enforce the terms of the compromise. The terms of the compromise have been indicated in I.A. No. 1529 of 2014, which are as follows:- "6. That, the appellant offered for full and final settlement with the respondents total sum of Rs. 45,00,000/- (Rs. Forty Five Lakhs only), Rs. 25,00,000/- (Rs. Twenty five Lakhs only) to the respondent No. 1 and Rs. 20,00,000/- (Rs. Twenty Lakhs only) to the respondent No. 2 for her upbringing and education which is to be handed over to the respondent No. 1. 7. That, the appellant and the respondent No. 1 shall withdraw all the cases filed by the appellant as well as the respondent No. 1 till date in various courts by way of compromise petition. 8. That, the respondent No. 1 shall give mutual consent for divorce in T.D. S. No. 374 of 2007 and the same shall be decreed in view of the petition filed under Section 13 B of the Hindu Marriage Act, 1956 before the Family Court at Dhanbad. 9. That, since the appellant is offering total of Rs. 45,00,000/- (Rs. Forty Five Lakhs only) as permanent alimony, there shall not be any future relationship between respondent No. 1 and the appellant. Draft of Rs. 5,00,000/- (Rs. Five Lakhs) issued by ICICI Bank dated 17.02.2014 and Rs. 40,00,000/- (Rs. Forty Lakhs) will be handed over to respondent No. 1 on the date of compromise. 10. 45,00,000/- (Rs. Forty Five Lakhs only) as permanent alimony, there shall not be any future relationship between respondent No. 1 and the appellant. Draft of Rs. 5,00,000/- (Rs. Five Lakhs) issued by ICICI Bank dated 17.02.2014 and Rs. 40,00,000/- (Rs. Forty Lakhs) will be handed over to respondent No. 1 on the date of compromise. 10. That, the appellant or any of his relatives will not have any right over the offer money nor the appellant will put forth any condition. 11. That the appellant and respondent No. 1 henceforth shall not file any case/s against each other in any court of law. 12. That the respondent No. 1 shall at all times hereafter have the sole custody and control of the respondent No. 2 and of her upbringing and her education. The heirship of daughter of appellant, respondent No. 2 is not covered with this settlement. The respondent No. 2 shall always remain the heir of appellant." 6. The appellant and the respondent undertake to take steps to enforce the terms of the compromise. According to the terms of compromise, today in the open Court, the respondent No.1 has stated that she has received Rs. 5,00,000/ by way of Demand Draft bearing No. 214838 dated 17.02.2014 issued by ICICI Bank in favour of Keha Rashmi and also received five (5) Post dated Cheques, which are as follows:- 1. P.D.C. No. 784961 dated 05.04.2014 Amount 10,00,000/- 2. P.D.C. No. 784962 dated 05.05.2014 Amount 10,00,000/- 3. P.D.C. No. 784964 dated 05.06.2014 Amount 5,00,000/- 4. P.D.C. No. 784965 dated 05.06.2014 Amount 5,00,000/- 5. P.D.C. No. 784966 dated 05.07.2014 Amount 10,00,000/- 7. Both the appellant and respondent No. 1 have agreed to file the petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 within a period of four weeks from the date of receipt of a copy of this judgment. 8. Since the parties have voluntarily and willingly compromised the matter, this first appeal is disposed of in terms of the settlement arrived at between the parties. The statements of the appellant and respondent No. 1 shall form part of the judgment. Accordingly, I.A. No. 2319 of 2012, I.A. No. 1777 of 2011 and I.A. No. 1529 of 2014 also stand disposed of.