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2020 DIGILAW 1006 (MP)

Rishikant Khare v. Taruna Khare @ Gudiya

2020-10-05

S.A.DHARMADHIKARI, VISHAL MISHRA

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ORDER 1. In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government. 2. This first appeal under section 19 of Family Courts Act, 1984 has been filed against the judgment and decree dated 30.1.2019 passed in case No. 71-A/2018 Hindu Marriage Act (for brevity, HMA) by Additional Principal Family Court Judge, Gwalior, whereby, an application under section 13 of HMA has been rejected. 3. During pendency of this appeal, the parties have entered into compromise and, therefore, they have jointly filed an application under Order 23 rule 3 of CPC seeking compromise, which has been duly signed by both the parties. In the said application, it has been stated that both the parties are ready and willing to dissolve the marriage subject to the condition that the appellant shall hand over an amount of Rs.8,46,000/- in the shape of demand draft to the respondent/ Smt. Taruna Khare @ Gudiya as full and final settlement between the parties and on the basis of the same a divorce decree may be drawn between the parties. 4. Learned counsel for the appellant submits that a demand draft bearing No. 485169 dated 28.9.2020 worth Rs. 8, 46,000/- drawn on Kotak Mahindra Bank has already been prepared in favour of the respondent/ Smt. Taruna Khare @ Gudiya and the same shall be handed over to the respondent/ Smt. Taruna Khare @ Gudiya as per the directions of this Court. 5. Taking into consideration the totality of the facts and circumstances of the case, learned counsel for the appellant is directed to deposit the aforesaid demand draft before the Principal Registrar of this Court by tomorrow (6.10.2020), which may be collected by the respondent/ Smt. Taruna Khare @ Gudiya or her counsel from the office of the Principal Registrar of this Court and after handing over the said demand draft to the respondent/ Smt. Taruna Khare @ Gudiya or her counsel, office is directed to prepare a divorce decree in terms of the above as full and final settlement and the respondent/ Smt. Taruna Khare @ Gudiya thereafter shall not claim any alimony from the appellant. 6. With the aforesaid, the instant first appeal stands disposed of.