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2017 DIGILAW 209 (UTT)

DINESH PRASAD SEMALTY v. SURUCHI

2017-04-05

V.K.BIST

body2017
JUDGMENT Hon’ble V.K. Bist, J. Heard. 2. Delay Condonation Application, being unopposed by the respondent, is allowed. Delay in filing the criminal revision is condoned. 3. This criminal revision has been preferred by the revisionist against the judgment and order dated 12.06.2015 passed by the learned VI Additional Sessions Judge, Dehradun in Criminal Appeal No. 238 of 2014 ‘Dinesh Prasad Semalty vs. Smt. Suruchi’, whereby the learned VI Additional Sessions Judge, Dehradun has partly allowed the criminal appeal of the revisionist and awarded Rs. 4000/- per month as maintenance to the respondent and also the order dated 14.02.2013 passed by the Judicial Magistrate, First, Dehradun in case no. 9306 of 2012, ‘Suruchi vs. Dinesh Prasad Semalty’. 4. The matter was placed before the Mediation Centre of this Court today. In the mediation proceeding, the parties have arrived at following compromise: “1. The revisionist shall be paid the arrear of maintenance at the rate of Rs. 4,000/- (Four Thousand Rupees only) per month till 31.03.2017, in six quarterly installments. The first installments shall be paid on or before 15.05.2017, and remaining equal five installments will be paid by the husband after every quarterly, without any default. 2. From the month of April and onwards the revisionist will pay ‘ 3,000/- (Three Thousand Rupees only) per month to the opposite parties in addition to the quarterly installments. This Rs. 3,000/- (Three Thousand Rupees only) shall be paid during the pendency of the case pending before the Court of Judicial Magistrate First, Dehradun, filed under sections domestic violence Act. However, this amount shall be subject to the final decision of the Trial Court and this settlement will not come in the way of the Trial Court to decide and finalize the maintenance amount. 3. This settlement only for the purposes of the subject matter of this case arising out of the domestic violence Act. It shall not be effect the merit and maintenance matter of the other cases pending between the parties. 4. The opposite party/ respondent wife is living in the house of the revisionist/ husband. The revisionist husband will not evict the wife from his house during the final decision of the cases between the parties. 5. This term and settlement has been prepared in presence of the respective Advocates and parties, without any illegal and undue pressure, it has been made with free sweet will of the parties.” 5. The revisionist husband will not evict the wife from his house during the final decision of the cases between the parties. 5. This term and settlement has been prepared in presence of the respective Advocates and parties, without any illegal and undue pressure, it has been made with free sweet will of the parties.” 5. It is submitted by the parties that husband has given Rs. 10,000/- to his wife today, therefore, the amount shall be reduced from the arrear. 6. Learned counsel for the parties submitted that the present criminal revision may be disposed of in terms of the settlement arrived at between the parties in the mediation proceedings. 7. Recording the above submissions of the learned counsel for the parties, the present criminal revision is disposed of in terms of the settlement arrived at between the parties in the mediation proceedings, which have already been adverted to in the preceding paragraph. Sum of Rs. 10,000/- which has already been given by the revisionist to the respondent shall be adjusted. 8. All the pending applications also stand disposed of.