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2017 DIGILAW 1841 (JHR)

Soni Devi v. Indesh Kumar Choubey

2017-11-01

APARESH KUMAR SINGH, B.B.MANGALMURTI

body2017
JUDGMENT Aparesh Kumar Singh, J. – Heard learned counsel for the parties. 2. Appellant is the wife aggrieved by the decree of dissolution of marriage passed in M.M. Case no. 07/2014 by learned court of Principal Judge, Family Court, Garhwa dated 20th May, 2015 and decree dated 8th June, 2015. The suit was instituted by respondent-husband for dissolution of marriage performed on 19th February, 2009 between the parties on the ground of desertion and cruelty under Section 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act. 3. During pendency of the appeal, due to efforts made through mediation, parties have arrived at amicable settlement. The report of learned Mediator, JHALSA bearing letter no. 2334 dated 24th August, 2017 also encloses the agreement of joint compromise made on 23rd August, 2017 between the parties in presence of learned Mediator,JHALSA and has been signed by respective parties in the presence of learned Mediator. As per the terms of agreement, the minor daughter namely Sweccha Kumari will continue to live with her mother. A permanent alimony of Rs. 10 Lakhs has been agreed to as full and final settlement between the parties to be paid in five instalments by way of demand drafts payable at Obra, District-Sonbhadra, U.P., as per the schedule furnished at para 10 of the said agreement, which further provides the terms and conditions, which are to be complied with by the parties upon payment of respective instalments. 4. The first instalment of Rs. 1 Lakh through a demand draft drawn in the name of Soni Tiwari at State Bank of India, Branch:Obra bearing no. 600850 dated 6th September, 2017 is ready to be handed over by the respondent to the appellant in the Court today. Rest of the instalment as per schedule are to be paid by cut off dates i.e. 2,50,000.00 by 30th January, 2018; 4,00,000.00 by 30th May, 2018; 1,50,000/- by 30th September, 2018 and 1,00,000.00 by 30th January, 2019. After payment of 4th Instalment the appellant would withdraw the Complaint Case no. 307/2014 pending before the Court of ACJM, Sonbhadra, U.P. Simultaneously, the respondent-husband would also withdraw the Complaint Case no. 758 of 2014 pending before learned Judicial Magistrate, 1st Class, Garhwa. After payment of final installment of Rs. 1 Lakh, the Complaint Case no. After payment of 4th Instalment the appellant would withdraw the Complaint Case no. 307/2014 pending before the Court of ACJM, Sonbhadra, U.P. Simultaneously, the respondent-husband would also withdraw the Complaint Case no. 758 of 2014 pending before learned Judicial Magistrate, 1st Class, Garhwa. After payment of final installment of Rs. 1 Lakh, the Complaint Case no. 220 of 2014 (now numbered as 180/2015) instituted by the appellant-wife and pending before learned Principal Judge, Family Court, Sonbhadra, U.P. shall also be withdrawn. Parties have agreed that neither party shall raise or make any claim or interference whatsoever against each other and would lead their lives independently in accordance with their own desire and chattle. They will have no claim whatsoever against each other after entering into this agreement. They will not file any case also as against each other or will not cause or make resort to any kind of litigation. The appellant would not claim any maintenance/right for herself and shall maintain her daughter Sweccha Kumari. The agreement has been signed by both the parties on their own will without any pressure, force or coercion. In case of any violation of any terms of this agreement by any party or non payment of any instalment as stipulated in this agreement by the respondent-husband, the appellant wife would be at liberty to take recourse to law. The respondent-husband has undertaken to make the payments as per the schedule and in case of default of payment any such prior payments shall stands forfeited. 5. Apparently, the parties have arrived at a comprehensive settlement in relation to the modalities of their separation. They are now obliged to comply with their reciprocal promises. As per schedule agreed to, the demand draft of Rs. 1 Lakh as above is being handed over to the appellant-wife in presence of the Court in the name of Soni Tiwari as her Bank Account exists in the said name as she was known by that name prior to her marriage. 6. Learned counsel for the appellant has also produced the passbook of her Savings Bank Account bearing no. 30102297232 in the name of Miss Soni Tiwary at State Bank of India, Branch Obra, Sonbhadra, U.P. The respondent husband also agrees that this is account of the appellant, on which the subsequent instalments would be credited directly in compliance of the agreement and intimated to the appellant as well. 7. 30102297232 in the name of Miss Soni Tiwary at State Bank of India, Branch Obra, Sonbhadra, U.P. The respondent husband also agrees that this is account of the appellant, on which the subsequent instalments would be credited directly in compliance of the agreement and intimated to the appellant as well. 7. In view of the aforesaid agreement arrived at between the parties, the instant appeal needs no adjudication on merit. It is disposed of in terms of the joint compromise agreement dated 23rd August, 2017. The decree passed by learned Principal Judge, Family Court, Garhwa is modified accordingly. 8. Let the joint compromise agreement dated 23rd August, 2017 form part of the decree as well. 9. The instant appeal stands disposed of accordingly.