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2019 DIGILAW 1491 (HP)

Asha v. Laiq Ram

2019-10-01

VIVEK SINGH THAKUR

body2019
JUDGMENT : VIVEK SINGH THAKUR, J. 1. Present petitions Cr. MMO No. 150 of 2019 and Cr. MMO No. 151 of 2019 have been preferred under Section 482 Cr.P.C. against even dated orders passed on 19.1.2019 by learned Additional Sessions Judge-I, Solan in Criminal Revision No. 1-S/10 of 2018 titled as Liaq Ram vs. Asha and Another and Cr. Revision No. 8-S/10 of 2017 titled as Asha and Another vs. Liaq Ram respectively. These petitions are being disposed of together as compromised. 2. Dispute between parties, who are none but husband and wife, was referred for mediation and it is reported by learned Mediator and has also been submitted by learned counsel for parties that petitioner No. 1 and respondent have decided to end litigation in terms of compromise arrived at between them. Petitioner, respondent and their respective fathers are present in Court, who are duly identified by their respective counsel. Besides terms of compromise recorded in order of learned Mediator, parties have also placed a written compromise Ext. PA on record and in addition thereto, certain terms have also been described in oral statements of parties and Tek Ram, father of husband, recorded on oath, today in the Court. 3. In this case, the matter has been compromised between the parties before learned Mediator and as per report of learned Mediator, the same has been compromised as under:- “.....After having deliberations between the parties for a considerable time, the parties have amicably settled the dispute voluntarily, without influence and coercion. The parties, namely, Shri Layak Ram and Smt. Asha have decided to file a petition for mutual divorce under Section 13(B) of Hindu Marriage Act, 1955 before the learned District Judge, Solan and they have undertaken to file the petition for mutual divorce on or before 16th September, 2019. It is agreed between the parties that Sh. Layak Ram will pay a permanent alimony in the sum of Rs. 3,00,000/- (Rupees Three lac) as full and final payment for dissolution of marriage in the petition for mutual divorce. Sh. Layak Ram has further undertaken that he will pay a sum of Rs. 2,00,000/- to his minor son, namely Master Pratham and the aforesaid amount will remain in the name of my son in the shape of FDR through his mother. Sh. Layak Ram has further undertaken that he will pay a sum of Rs. 2,00,000/- to his minor son, namely Master Pratham and the aforesaid amount will remain in the name of my son in the shape of FDR through his mother. The FDR operated by his mother Smt. Asha having a right to receive annual interest and same will be spent for the maintenance and welfare of the minor child. This FDR will remain intact uptill minor son attained the age of majority i.e. 18 years. In case she requires some amount in any eventuality, she will be at liberty to move an application before the appropriate authority to release some of the amount for the welfare of the child. Sh. Layak Ram along with father who is owner in possession of the ancestral property situated at village Gera, Tehsil and District Solan H.P. have undertaken to execute a final settlement in the name of minor child Master Pratham qua the land measuring 2 bighas in favour of the minor son. Either of parties will have no right to sell or alienate and create any charge over the aforesaid land in any manner......” 4 The written compromise deed Ext. PA executed between the parties placed on record, reiterates the compromise, as under:- “......(1) As per compromise the second party shall pay sum of Rs. 3,00,000/- to the first party before 29.11.2019 as full and final settlement of maintenance amount. The second party is also to pay sum of Rs. 2,00,000/- by way of fixed deposit in the bank in the name of minor son Pratham. The first party shall be entitled to receive annual interest on the said FDR, to meet the maintenance expenses of the minor son Pratham. Apart from this the third party i.e. father of second party is to transfer the land measuring of 02-00 bighas in Village Gara, Tehsil and District Solan H.P. by way of Registered Family Settlement Deed in the name of minor son Pratham before 29.11.2019. As per compromise the second party shall be allowed by the first party to meet the minor son Pratham when desired and on occasion of family function, festivals and during holidays and vacations in the school. Visiting rights are for the welfare of minor. As per compromise the second party shall be allowed by the first party to meet the minor son Pratham when desired and on occasion of family function, festivals and during holidays and vacations in the school. Visiting rights are for the welfare of minor. (2) That the parties hereinabove have also agreed to withdraw their all the pending and decided cases in different courts including the Hon'ble High Court, being compromised. (3) That the first and second party has also agreed to seek divorce by fling petition under Section 13(B) of Hindu Marriage Act which they have already fled in the court of Ld. District Judge, Solan H.P.......” 5. In statements of Asha, petitioner No. 1, Laiq Ram respondent and Tek Ram, father of respondent Laiq Ram, terms of compromise have been further elaborated as referred in succeeding paras. 6. Petitioner No. 1, Smt. Asha, has stated that the matter has been compromised before learned Mediator and in sequel thereto, compromise deed has also been signed by her and respondent Laiq Ram in presence of her father and father of Laiq Ram, who have also signed the same as witnesses and as per compromise, they have agreed to file an application for mutual divorce before learned District Judge, Solan which has been acted upon, as mentioned in compromise deed, the petition under Section 13(B) of Hindu Marriage Act stands already fled in the Court of learned District Judge, Solan and has also stated that it is further agreed in compromise that respondent Laiq Ram shall pay Rs. 3 lacs to her on or before 29th November, 2019 as full and final settlement for maintenance amount and in addition thereto, Rs. 2 lacs by way of Fixed Deposit in the Bank in the name of their minor son Pratham and she shall not be entitled to encash the said FDR except by leave of Court for benefit of son Pratham but she shall be entitled to receive the annual interest thereon, if required for maintenance expenses of minor son Pratham. 7. 2 lacs by way of Fixed Deposit in the Bank in the name of their minor son Pratham and she shall not be entitled to encash the said FDR except by leave of Court for benefit of son Pratham but she shall be entitled to receive the annual interest thereon, if required for maintenance expenses of minor son Pratham. 7. It is also stated by petitioner No. 1 that father of respondent Laiq Ram has also agreed to transfer the land measuring two bighas situated in village Gra, P.O. Basal, Tehsil and District Solan in the name of their minor son Pratham by way of registered family settlement deed on or before 29th November, 2019 and as per compromise, Laiq Ram shall also have the rights to visit and meet his minor son Pratham as and when desired particularly on occasions of family functions, festivals and during holidays and vacations in school as visiting rights of father are in welfare of minor son and in view of compromise between them, they have also agreed to withdraw all their pending and decided cases in different Courts including the present one. She has also identified her signatures on compromise deed placed on record as Ext. PA and has endorsed the said compromise to be true and correct, which has also been signed by Laiq Ram and witnesses i.e. her father and father of respondent Laiq Ram in her presence. 8. Petitioner No. 1 Asha has also deposed that though, it is not mentioned in compromise deed, however, it has also been agreed before learned Mediator that any of them will not have any right to sell or alienate or create any charge upon the aforesaid two bighas of land to be transferred in the name of Pratham, in any manner, except or with consent of Pratham after three years of attaining the age of majority by him or leave of the Court and lastly, she has prayed that present case be disposed of, in terms of compromise arrived at between them. She has stated that she has entered into compromise, signed the same, and deposed in Court out of her free will, consent and also without any fear, threat, pressure or coercion. 9. She has stated that she has entered into compromise, signed the same, and deposed in Court out of her free will, consent and also without any fear, threat, pressure or coercion. 9. Respondent Liaq Ram has also endorsed the statement of petitioner No. 1 Smt. Asha to be true and correct and stated that he has seen his signatures on compromise and endorses the same. He has identified his signatures on compromise and also that of his father and father of petitioner No. 1 as well as petitioner No. 1 who had also signed it in his presence. He has also stated that he has entered into compromise singed the same and deposed in Court out of his free will, consent and also without any fear, threat, pressure or coercion. 10. Shri Tek Ram, father of respondent, endorsing the statements of petitioner No. 1 Smt. Asha, and his son/respondent Laiq Ram to be true and correct, has stated that he has agreed to transfer two bighas of land in the name of his grandson Pratham by executing a registered family settlement deed on or before 29th November, 2019 and parents of Pratham or anybody else will not have any right to create any charge upon the aforesaid two bighas of land to be transferred in the name of Pratham in any manner except by leave of Court or with consent of Pratham after three years of attaining the age of majority by him. He has stated that comprise deed Ext. PA has been signed by him as a witness and he has deposed today in Court out of his free will, consent and also without any fear, threat, pressure or coercion. 11. In aforesaid circumstances, the prayer of parties is accepted and petitions are disposed of as compromised in aforesaid terms and accordingly, the marriage of the parties is to be dissolved by fling petition under Section 13 (B) of the HMA which has already been fled in the Court of learned District Judge, Solan and it is further directed that parties shall also withdraw all their pending and decided cases under consideration in different Courts, including the present one, and they will abide by all terms and conditions, contained in order dated 29.8.2019 passed by learned Mediator, statements of parties as well as compromise deed Ext. PA, reproduced herein-above, which are also made part of this order. 12. PA, reproduced herein-above, which are also made part of this order. 12. In view of compromise arrived at between the parties, referred supra, order dated 4.12.2017 passed by learned Judicial Magistrate 1st Class, Court No. 2, Solan, District Solan in Cr. MA No. 9-4 of 2016 titled Asha vs. Laiq Ram modified vide order dated 19.1.2019 passed by learned Additional Sessions Judge-I, Solan, District Solan in Cr. Revision No. 1-S/10 of 2018 titled Liaq Ram vs. Asha and Cr. Revision No. 8-S/10 of 2017 titled Asha vs. Laiq Ram have lost their force being merged in compromise between parties. 13. Petitions are disposed of as compromised in aforesaid terms. Pending miscellaneous applications, if any, also stands disposed of.