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2016 DIGILAW 63 (RAJ)

Sunita Verma v. Anil Marwal

2016-01-11

GOVIND MATHUR, NIRMALJIT KAUR

body2016
JUDGMENT : Nirmaljit Kaur, J. By the judgment impugned dated 21.02.2012, learned Judge Family Court No. 1, Jodhpur rejected the application preferred under Section 27 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') and by the same order accepted the application preferred under Section 25 of the Act of 1955 directing the non-applicant Shri Anil Marwal to pay a sum of Rs.4/- lacs against permanent alimony and permanent maintenance. Being aggrieved by the same order impugned this appeal is preferred. As per the appellant, the court erred while rejecting the application under Section 27 and also erred while awarding permanent alimony and permanent maintenance only for a sum of Rs.4/- lacs. 2. In pursuance to the notices issued by this Court the appellant as well as the respondent Shri Anil Marwal are present in person. Shri Anil Marwal stated that he is ready and willing to get the appeal and other related litigation's decided by making lump sum payment of Rs.20/- lacs against permanent alimony and maintenance within a period of four months from today. 3. The appellant Smt. Sunita Verma present in Court states that if Shri Anil Marwal adhere to the statement made she will not press this appeal as well as the other litigations pending in different courts. 4. It has been brought to our knowledge that at the instance of appellant four matters are pending before different courts and a Criminal Misc. Petition is pending before this Court preferred by Shri Anil Marwal. The details of the cases pending between the parties is as under:- 1. Criminal Case No. 89/2005 (State v. Anil Marwal & Anr.) pending before the court of Metropolitan Magistrate No.2, Jodhpur, Jodhpur Metro pertaining to the offence punishable under Sections 498-A, 406, 494 and 323 I.P.C. 2. Criminal Case No. 1355/2007 (State v. Anil Marwal & Anr.) pending before the court of Metropolitan Magistrate No.3, Jodhpur Metro for the offence punishable under Sections 192, 463, 464, 466, 467 and 471 I.P.C. 3. Criminal Case No. 307/2014 State (Sunita) v. Sunita Marwal pending before the court of Additional Chief Metropolitan Magistrate (CBI Cases), Jodhpur Metro pertaining to the offence punishable under Sections 167, 193, 464, 466, 120-B I.P.C. 4. Criminal Recovery Application (Sunita v. Anil Marwal) pending before the Family Court No. 2, Jodhpur, the next date of hearing in which is 20.2.2016. Criminal Case No. 307/2014 State (Sunita) v. Sunita Marwal pending before the court of Additional Chief Metropolitan Magistrate (CBI Cases), Jodhpur Metro pertaining to the offence punishable under Sections 167, 193, 464, 466, 120-B I.P.C. 4. Criminal Recovery Application (Sunita v. Anil Marwal) pending before the Family Court No. 2, Jodhpur, the next date of hearing in which is 20.2.2016. Certain other applications with regard to recovery of maintenance and permanent alimony are also pending before the Family Court No. 2, Jodhpur. 5. S.B. Criminal Misc. Petition No. 2683/2011 preferred by Shri Anil Marwal before this Court against the order of framing of charge for the offence punishable under Section 498-A I.P.C. 5. Having considered the statements made by respondent Shri Anil Marwal as well as by the appellant Smt. Sunita, we deem it appropriate to dispose of this appeal by modifying the judgment and decree impugned in the following terms :- (a) The appellant Smt. Sunita is declared entitled to have a lumpsum amount of Rs.20/- lacs from respondent Shri Anil Marwal. (b) Shri Anil Marwal is required to pay the amount aforesaid to Smt. Sunita on or before 10.5.2016. The amount aforesaid is required to be paid in three instalments and the amount is required to be paid by demand drafts in favour of appellant Smt. Sunita Verma. (c) On receiving the amount aforesaid through demand drafts, all criminal proceedings in the cases preferred at the instance of appellant and pending before different courts, the details of which are given herein above shall stand quashed. (d) The applications preferred before the Family Court No. 2, Jodhpur to effect recovery shall also stand dismissed after the payment of lump sum amount of Rs.20/- lacs. (e) The S.B. Criminal Misc. Petition No. 2683/2011 (Anil Marwal v. Smt. Sunita) pending before this Court shall also stand dismissed as becoming infructuous on quashing of trial pending in relation to the charge concerned. (g) The payment of this amount of Rs.20/- lacs lump sum shall cover all claims and dues made by the appellant. Neither party shall have any claim after payment of the sum of Rs. 20/- lacs. 6. In the terms mentioned above, the appeal stands disposed of.