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2019 DIGILAW 322 (CHH)

INDRAJEET SINGH CHAKREL v. JASMEET KAUR

2019-02-14

PRASHANT KUMAR MISHRA, VIMLA SINGH KAPOOR

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JUDGMENT : Prashant Kumar Mishra, J. Both the parties are present to make statement in support of their joint application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 for passing a decree of divorce along with other terms of settlement between the parties. 2. The parties have agreed that their marriage solemnized on 25.10.2007 be dissolved by decree of divorce. The appellant has already paid a sum of Rs.6,75,000/- to the respondent towards permanent alimony. 3. The appellant has agreed that the items described at S.No. 1 to 9 & 14, will be transported to Jabalpur for delivering at the cost of respondent and documents evidencing shall be filed before the Registrar, High Court. However, instead of producing the documents in proof of delivery before the Registrar, High Court, the parties shall submit the proof before the concerned Trial Court. 4. The parties have also submitted a list of criminal cases filed by the respondent against the appellant. The said cases shall be withdrawn by the respondent within a period of two months. 5. At this juncture, the appellant would state that the respondent has also initiated proceeding under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short 'the DV Act') which should also be withdrawn by the respondent. Contesting the said statement, the respondent would submit that she has not moved any application for action against the appellant or his relatives under the DV Act. 6. Be that as it may, if any, complaint filed by the respondent has taken shape of pending case, the same shall also be withdrawn by the respondent within two months. 7. The following are the terms of settlement as mentioned in para 4 (a) to (e) of the application (I.A.No.1) dated 24-1-2019 : "(a) The marriage solemnized on 25.10.2007 between the parties may be ordered to be dissolved by a decree of divorce by this Hon'ble Court by allowing the appeal and decreeing the suit. (b) The appellant has paid Rs. 6,75,000/- (Rs. Six Lakh Seventy Five Thousand only) to the respondent as permanent alimony and thereafter the respondent shall not claim any amount towards maintenance or alimony and abandons all her rights and if fore (sic for) any reason the decree of dissolution of marriage does not take place, then the respondent shall return all the aforesaid amount. 6,75,000/- (Rs. Six Lakh Seventy Five Thousand only) to the respondent as permanent alimony and thereafter the respondent shall not claim any amount towards maintenance or alimony and abandons all her rights and if fore (sic for) any reason the decree of dissolution of marriage does not take place, then the respondent shall return all the aforesaid amount. (c) The appellant has returned all the articles a list whereof is attached, to the respondent, receipt of which has been acknowledged by the respondent. (d) The criminal cases pending before various courts filed by the respondent shall stand terminated and copy of decree made (sic may) be produced for consequential order by the concerned courts. (e) The parties shall bear their own respective costs." 8. In the list of articles, Item No.1 speaks about four gold rings out of which two gold rings have already been returned to the respondent. In lieu of remaining two gold rings the appellant has paid a sum of Rs. 25,000/- to the respondent today in the Court itself. The respondent admits to have received the said amount. 9. In view of the above, a decree be passed in terms of settlement, which is to be read along with the entire order passed by us today. 10. Accordingly, the appeal stands disposed of in the terms as stated supra.