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2015 DIGILAW 1090 (JHR)

Radha Kumari Mishra v. Subash Mishra

2015-09-14

P.P.BHATT, VIRENDER SINGH

body2015
JUDGMENT : Virender Singh, J. 1. On the last date of hearing, the instant matter was deferred for today as both the sides had agreed to arrive at some amicable settlement, which was to be reduced into writing, for which they sought some time. 2. Today also the parties are present in the Court and have been 3. We have been informed that an Interlocutory Application in the shape identified by their respective counsel of compromise arrieved at between the parties has been filed today, which could not be filed before 03:30 p.m. as certain formalities were not completed by that time, and has now been placed before the Joint Registrar (List & Computer). 4. Joint Registrar (List & Computer) is directed to diarize the same and place it before the Court immediately. 5. The instant matter shall be taken up after some time. Virender Singh, J. 1. This order be read in continuation of the earlier order. 2. Needful has been done by the Joint Registrar (List & Computer) and the Interlocutory Application has been numbered as I.A.No.5277 of 2015. 3. I.A. No.5277 of 2015 has been filed in the shape of compromise arrived at between the parties. In support of the Interlocutory Application, both the parties have filed their respective affidavits. The parties present have also admitted the contents of the Interlocutory Application and stated that the agreement has been filed voluntarily and without any due coercion whatsoever from any count. The terms and conditions of the said agreement run as under : (i) both the parties have agreed to abide by the decree of divorce dated 31.3.2009 granted in favour of the respondent husband in Matrimonial Title Suit No.26/2007 by the learned Principal Judge, Family Court, Ranchi. (ii) The respondent-husband has agreed to pay the arrears of maintenance for the son namely Bibhu Anand @ Rs.1500/-(rupees one thousand five hundred) per month from 1.4.2009 to 31.8.2015 as granted by the learned Principal Judge, Family Court, Ranchi, amounting to a total of Rs.1,15,500/-(rupees one lac fifteen thousand and five hundred). (iii) The respondent-husband has also agreed to pay a monthly maintenance @ Rs.4,000/-(rupees four thousand) per month w.e.f. 1.9.2015 till the son attends majority and has also agreed to pay Rs.48,000/-(rupees forty eight thousand) for the maintenance of the son for the period from 1.9.2015 to 31.8.2016 as an advance payment. (iii) The respondent-husband has also agreed to pay a monthly maintenance @ Rs.4,000/-(rupees four thousand) per month w.e.f. 1.9.2015 till the son attends majority and has also agreed to pay Rs.48,000/-(rupees forty eight thousand) for the maintenance of the son for the period from 1.9.2015 to 31.8.2016 as an advance payment. An A/c payee Bank draft of Rs.1,63,500/-(rupees one lakh sixty three thousand and five hundred) bearing No.016030 dated 11.09.2015 (Bank of India, Pandra Branch, Ranchi) in the name of Bibhu Anand towards arrears of maintenance (1.4.2009 to 31.8.2015) and one year advance of maintenance (1.9.2015 to 31.8.2016) shall be handed over in presence of the Hon'ble Court. (iv) The respondent husband has also agreed to pay the present value of 100 (hundred) gms. Gold (22 ct.) @ Rs.2500/-per gram amounting to Rs.2,50,000/-(rupees two lacs fifty thousand). An A/c payee Bank draft of Rs.2,50,000/-(rupees two lakh fifty thousand) bearing No.016031 dated 11.09.2015 (Bank of India, Pandra Branch, Ranchi) in the name of Radha Kumari Mishra towards present value of 100 (hundred) gms. gold (22 ct.), shall be handed over in presence of the Hon'ble Court. (v) The respondent husband has also agreed to pay Rs.2,00,000/-(rupees two lacs) as lumpsum amount to the appellant wife as a full and final settlement towards all the claim of the appellant wife. An A/c payee Bank draft of Rs.2,00,000/-(rupees two lakh) bearing No.016029 dated 11.09.2015 (Bank of India, Pandra Branch, Ranchi) in the name of Radha Kumari Mishra towards full and final settlement, shall be handed over in presence of the Hon'ble Court. (vi) The respondent-husband can meet his son Bibhu Anand at his convenience and with prior intimation to the appellant-wife and she will have no objection to the same. (vii) Any partly shall not use any signature of the other party if taken on any blank paper. 4. Mr. Sohail Anwar, learned senior counsel appearing on behalf of the respondent-husband in terms of the agreement, has also brought three demand drafts, details of which, are as follows : Sl.No Name of the Bank/ Branch Cheque No. & Date Amount 01. Bank of India, Pandra Branch, Ranchi No.016030 dated 11.09.2015 Rs.1,63,500/- 02. Bank of India, Pandra Branch, Ranchi No.016031 dated 11.09.2015 Rs.2,50,000/- 03. Bank of India, Pandra Branch, Ranchi No.016029 dated 11.09.2015 Rs.2,00,000/- 5. Bank of India, Pandra Branch, Ranchi No.016030 dated 11.09.2015 Rs.1,63,500/- 02. Bank of India, Pandra Branch, Ranchi No.016031 dated 11.09.2015 Rs.2,50,000/- 03. Bank of India, Pandra Branch, Ranchi No.016029 dated 11.09.2015 Rs.2,00,000/- 5. The aforesaid three demand drafts have been handed over to Smt. Radha Kumari Mishra in the open Court and receipt thereof has also been given to the respondent-husband. 6. Both the parties have also agreed to bring to an end to the criminal case pending at Biharsharif (Nalanda), which has arisen due to matrimonial differences between the parties, for which it has been agreed that the respondent-husband will file a petition under Section 482 Cr. P.C. before the Patna High Court for quashing of the FIR/ criminal proceedings arisen out of the said FIR and that the same shall also be decided in the light of the judgment of the Hon'ble Supreme Court in the case of B.S.Joshi & Ors. Vs. State of Haryana & Anr., reported in, (2003) 4 SCC 675 . 7. I.A. No.5277 of 2015 is allowed as prayed for and shall now form part of the petition in terms of the final settlement now arrived at between the parties. 8. F.A. No. 50 of 2009 and C.O. No.3 of 2010 stand disposed of accordingly.