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2020 DIGILAW 293 (JHR)

Ruma Bose v. Anup Bose

2020-02-13

APARESH KUMAR SINGH, KAILASH PRASAD DEO

body2020
JUDGMENT 1. Heard learned counsel for the parties. 2. Wife being aggrieved by the decree of divorce in favour of the petitioner/Respondent-husband and permanent alimony of Rs. 3.00 lakhs granted in her favour with interest in case of default in payment, approached this Court in this appeal against the judgment and decree dated 24.02.2018 passed in Original Suit No. 741/2015 by the Court of learned Additional Principal Judge, Additional Family Court, Dhanbad. 3. Respondent appeared on notice. 4. During deliberation held on previous dates, it appeared that the area of dispute is narrow and relates only to the quantum of alimony. Parties appeared yesterday on direction of this Court and have been able to resolve their subsisting dispute on the question of alimony. A joint application bearing I.A. No. 1577/2020 has been filed yesterday which incorporates the terms and conditions, particularly at paragraph-6 thereof, which is extracted herein-below: '' ''6. That is stated and submitted that due to the intervention of the well-wisher, both the parties settled their dispute and are filing this joint compromise petition voluntarily and with free consent (without any coercion or undue-influence) on following terms and conditions (a) That the respondent/husband has agreed to pay a sum of Rs. 7,00,000/- (seven lack) to the appellant-wife as permanent alimony (full and final settlement) by adjusting Rs. 3,00,000/- (three lac) deposited as a bank draft No. ''513528'' 0000 24000'' issued in favour of Ruma Bose by the Punjab National Bank, Colonelganj, Allahabad (U.P.) dated 20.08.2018 which is lying in the Court of the learned Addl. Principal Judge, Addl. Family Court, Dhanbad. (b) That the aforesaid bank draft of Rs. 3,00,000/- (three lac) Draft No. ''513528 0000 24000'' issued in favour of Ruma Bose by the Punjab National Bank, ColonelGanj, Allahabad (U.P) dated 20.08.2018 which is lying in the Court of the learned Addl. Principal Judge, Addl. Family Court, Dhanbad requires revalidation and the respondent shall get the same revalidated and handover the same to the appellant within a period of one month subject to the release of this bank draft by the learned Court below. (c) That it is further stated that the respondent/husband will deposit the rest Rs. 4,00,000/- (four lac) by way of bank draft in favour of Ruma Bose (Appellant) as a second installment by 31 st July 2020. (c) That it is further stated that the respondent/husband will deposit the rest Rs. 4,00,000/- (four lac) by way of bank draft in favour of Ruma Bose (Appellant) as a second installment by 31 st July 2020. (d) That it is further stated that the order passed by the Principal Judge, Family Court, Dhanbad in M.P. No. Case No. 159/2007 order dated 08.04.2010 & Cr. Misc. No. 05 of 2012 dated 24 th March 2015 in which Rs. 3,000/- (three thousand) and further it was enhanced to Rs. 5,000/- (five thousand) as maintenance amount was passed in favour of Ruma Bose (Appellant) will not be in effect since the date of filing of joint compromise petition (on 12 th Feb, 2020); the appellant will have no future claim over this maintenance amount. (e) That it is relevant to mention here that this permanent alimony is full and final settlement between the parties and both the parties will not have any claim over their properties. (f) That the appellant/wife is ready to withdraw all the cases pending against the respondent/husband including the maintenance amount of Rs. 5,000/- (five thousand) deducted from the salary of the respondent/husband in Cr. Misc. Case No. 05 of 2012 by the Principal Judge, Family Court, Dhanbad. (g) That it is humbly stated that after full and final settlement, both the parties are making joint prayer to settle their dispute to lead their separate and independent life. (h) That it is humbly submitted that the present joint compromise cum full and final settlement is in the interest of both the parties for their betterment. (i) That is humbly submitted that both the parties by physically appearing before this Honble Court have filed this petition after putting their signature on this petition.'' Learned counsels for the parties submit that in terms of the compromise, matter can be disposed of. 5. As per the terms of the compromise, demand draft of Rs. 3.00 lakhs bearing no. ''513528'' 0000 24000'' issued in favour of the appellant/wife Ruma Bose dated 20.08.2018 lying in the Court of learned Addl. Principal Judge, Addl. Family Court, Dhanbad, shall be returned to the Respondent/husband for re-validation. Learned Principal Judge, Family Court, Dhanbd would return the demand draft of Rs. 3.00 lakhs in favour of the husband on production of a copy of this order. Principal Judge, Addl. Family Court, Dhanbad, shall be returned to the Respondent/husband for re-validation. Learned Principal Judge, Family Court, Dhanbd would return the demand draft of Rs. 3.00 lakhs in favour of the husband on production of a copy of this order. Respondent would get the bank draft revalidated within a period of one month from the date of its return and hand it over to the appellant within the same time. Appellant would withdraw the Cr. Misc. Case No. 05/2012 pending before the Court of learned Principal Judge, Family Court, Dhanbad for enforcement of the maintenance order. As agreed between the parties, future deductions of Rs. 5,000/- per month from the salary of the Respondent shall be stopped from this month onwards. This agreement is full and final settlement of their rival claims against each other. The balance amount of Rs. 4.00 lakhs would be paid by 31 st July 2020. Parties would lead their separate and independent life on the basis of divorce granted by the learned Family Court and in terms of their settlement arrived at on the quantum of alimony and there would be no subsisting rival claims, as indicated hereinabove. Instant appeal therefore needs no adjudication on merits. Parties are free to lead their independent lives. Appeal is disposed of in terms of the compromise. Terms of compromise shall form part of the decree. I.A. No. 1577/2020 stands disposed of. Judgment and decree be communicated to the Court concerned.