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Madhya Pradesh High Court · body

2016 DIGILAW 116 (MP)

Sanjay Gupta v. Arti Gupta

2016-02-15

SUSHIL KUMAR GUPTA, U.C.MAHESHWARI

body2016
ORDER 1. Appellant Sanjay Gupta as well as respondent Smt. Arti Gupta are also present in person identified by their respective counsel. 2. In compliance of the order dated 15.9.2015, Shri D. P. S. Bhadoriya, Advocate was appointed as Mediator by the Principal Registrar to hold the mediation proceeding between the appellant and the respondent. After holding such proceeding, aforesaid mediator has filed his mediation report on 18.1.2016. Office is directed to keep the original report with original File while a photo copy of the same be kept in second set of the appeal. According to such mediation report, the settlement had taken place between the parties and thereby they decided to reside separately by maintaining the impugned decree of divorce on certain terms and conditions enumerated in the mediation report. Such mediation reports are signed by the parties as well as the advocate of the respondent. In continuation of the aforesaid mediation report, in consonance of the terms of the mediation report, the parties have filed an application of compromise in the registry today as I.A. No.842/2016. 3. Before proceeding further, we would like to mention here that out of the wedlock of the appellant and the respondent they were blessed by a son namely Sanchit Gupta, at present who's age is five years and four months. His date of birth was shown by both the parties as 19.9.2010. Such child namely Sanchit Gupta has come with his mother, the respondent, who is residing with her parental family at Gwalior. As submitted by the appellant, he has come from Durg to compromise the matter in accordance with the terms of the mediation report and aforesaid I.A. 4. In presence of the counsel of the parties, we have verified the terms and conditions stated by the mediator in the mediation report as well as in the aforesaid compromise application signed by the parties from them. In presence of the counsel of the parties, we have verified the terms and conditions stated by the mediator in the mediation report as well as in the aforesaid compromise application signed by the parties from them. On such verification, they have categorically stated that they entered in such compromise voluntarily without any coercion or any undue influence from any source and inspite making the efforts there was no possibility to resolve their differences and dispute to reside together in future life, so in such premises, subject to terms and conditions enumerated in the mediation report and the aforesaid application they have decided to reside separately by maintaining the impugned decree of divorce but subject to terms and conditions about meeting with the son by the mother as enumerated in the application and mediation report. As per settlement the aforesaid son will remain in the custody of the appellant Sanjay Gupta, but the actual custody of the son shall be given by the respondent to the appellant Sanjay Gupta on 28th March 2016. Such date has been fixed keeping in view that till then the examination of Sanchit Gupta in some school of Gwalior will be over. In terms of compromise, the decree passed by the trial Court between the parties for divorce under section 13(1) (ia) of the Hindu Marriage Act,1955 on the ground of cruelty subject to terms and conditions enumerated in the aforesaid compromise application is prayed to be maintained. According to one of the term (e) enumerated in the compromise application, the appellant shall pay total amount of Rupees Three lacs to the respondent in respect of her Stridhan jewellery and out of such amount Rs.Two lacs is being paid by the appellant to the respondent in the Court through Demand Draft dated 5.2.2016 of the State Bank of India Branch Rajhara, payable at Gwalior and for the remaining amount of Rs.One lac as per the mediation report, the same was to be given through post dated cheques today but as the respondent is not giving the custody of son today to the appellant, therefore, it has been settled between the parties that such amount of Rupees One lac shall be given by the appellant to the respondent on 28.3.2016 at the time of taking the custody of the son from the respondent. The entire liability of the son regarding his future welfare, education and others shall be on the shoulder of the appellant. According to the compromise, it has also been settled between the parties that in the light of this compromise all the pending litigation either of the civil nature or the criminal nature or the matrimonial nature pending before the different Courts at different places, shall be disposed of by the compromise or otherwise with necessary admissible proceeding and the applications. It is also settled between them that in the light of this compromise, the cases pending at the instance of either parties against the family members of the either parties shall also be subsided or disposed of in accordance with the procedure by filing the appropriate proceeding permissible under the law and neither party shall be at liberty to prosecute any of such case against each others. 5. The aforesaid demand draft of Rs.Two Lacs has been handed over by the appellant to the respondent in the Court in presence of their advocates and the appellant shall pay Rs.One lac at the time of taking the custody of child as stated above and in this regard he will be entitled to get the receipt in writing from the respondent and simultaneously he shall also give receipt to the respondent for taking over the custody of child. 6. One more condition is impleaded in the compromise that the respondent mother shall be entitled to meet with the son as per the terms enumerated in the application. 7. On verification, the aforesaid compromise appears to be voluntary and genuine. Consequently, the same is allowed and the impugned decree of divorce passed by the trial Court is modified till the extent of the terms and conditions enumerated in the aforesaid compromise application as well as in the mediation report by the mediator. On arising any controversy between the parties in respect of such documents, then the terms stated in the aforesaid application shall prevail. 8. It is further observed that the aforesaid mediation report and the aforesaid compromise application and its enumerated terms and conditions shall be treated to be part and parcel of this order and on arising the occasion the same could be enforced as a decree of the Court for all the purposes. 9. 8. It is further observed that the aforesaid mediation report and the aforesaid compromise application and its enumerated terms and conditions shall be treated to be part and parcel of this order and on arising the occasion the same could be enforced as a decree of the Court for all the purposes. 9. At the request of the parties, it is observed that if any of the conditions enumerated in the compromise stated above is not complied with by any of the parties, then the other party shall be at liberty to file the execution proceeding on the basis of this order and if necessary, then such party shall be at liberty to file the contempt proceeding before the appropriate forum. 10. At the request of the parties, it is also clarified that if the appellant does not come to take the custody of the son from the respondent on 28.3.2016 as per the terms of the compromise, then in that position, the entire liability of future maintenance of the son shall be on the shoulder of the appellant and in that circumstance in the welfare of the son the respondent shall be at liberty to file the appropriate proceeding against the appellant and if inspite of coming the appellant to take the custody of son on the aforesaid date, the respondent does not give custody of her son to him, then the appellant shall be entitled to take the custody of the son from respondent by executing this order before the appropriate Court. 11. Till the aforesaid extent, the impugned judgment is modified and the decree of divorce of the parties, subject to the aforesaid terms, is maintained. A decree be drawn up accordingly.