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2015 DIGILAW 31 (JHR)

Ram Pravesh Yadav v. Parbati Devi

2015-01-07

D.N.PATEL, PRAMATH PATNAIK

body2015
Judgment : Per D.N. Patel, J.: 1. This first appeal has been preferred against the judgment and decree dated 7.8.2013 delivered by the Principal Judge, Family court, Bokaro in Matrimonial Suit No. 204 of 2010. 2. Counsel for the appellant submitted that he is the original applicant before the learned trial court who has preferred an application for dissolution of the marriage between the parties and it is submitted by the counsel for the appellant that a sum of Rs. 1,05,000/-was already paid as one time maintenance on the basis of a compromise entered into between the parties in Maintenance Petition Case No. 04 of 2008. This aspect of the matter has not been properly appreciated by the Principal Judge, Family court, Bokaro and, therefore, instead of Rs. 1,50,000/-, now only Rs. 45,000/-is to be paid by this appellant to the respondent. 3. Counsel for the respondent has submitted fairly that the respondent is ready and willing to accept the amount of Rs. 45,000/-because amount of Rs. 1,05,000/-is already paid for one time maintenance of the respondent. Counsel for the respondent has further submitted that the judgment and decree passed by the Principal Judge, Family court, Bokaro may be suitably modified to the said extent. 4. In view of this limited submissions canvassed by counsel for both sides and also looking to the facts that Rs. 1,05,000/-has already been paid to the respondent by the appellant for one time maintenance in view of the compromise entered into between the parties in Maintenance Petition Case No. 04 of 2008, this amount awarded by the learned trial court is hereby modified that instead of Rs. 1,50,000/-, now it shall be Rs. 45,000/-only and the rest part of the order of the Principal Judge, Family court, Bokaro shall remain intact as it is. 5. We hereby direct this appellant to pay Rs. 45,000/-to the respondent within a period of two weeks from today. This order will be communicated by the counsel for the appellant to the appellant so that within the aforesaid time limit, the amount of Rs. 45,000/-be paid to the respondent by demand draft. 6. This first appeal is allowed to the aforesaid extent and the interlocutory application(s), if any, stands disposed of. Appeal allowed.