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2025 DIGILAW 476 (ALL)

Khajanchi v. Preete

2025-03-11

OM PRAKASH SHUKLA, VIVEK CHAUDHARY

body2025
JUDGMENT : Om Prakash Shukla, J. (1) Heard Sri Dev Prakash Srivastava, Advocate holding brief of Sri Umesh Chandra Saxena, learned counsel for the appellant and Sri Pankaj Kumar Sahu, Advocate holding brief of Sri Shrawan Kumar Verma, learned counsel for the respondent as well as perused the record. (2) The instant First Appeal under Section 19 (1) of the Family Courts Act, 1984 arises out of judgment and order dated 13.02.2018 passed by learned Family Court/Additional District and Sessions Judge/F.T.C. Lakhimpur Kheri in H.M. Case No.61 of 2013 (Khajanchi Vs. Preete), whereby the suit for Divorce under Section 13 of the Hindu Marriage Act preferred by the appellant was dismissed. (3) We have heard the learned counsel for both parties and have carefully reviewed the records. Brief facts of the present case are that in the year 2006, marriage between appellant/Khajanchi and respondent/Preete was solemnized as per Hindu Rites and Rituals. Shortly after the marriage, the respondent began frequently visiting and staying at her parental home. The appellant contended that the respondent failed to fulfill her marital duties and had refused to cohabit with him due to health reason. (4) Subsequently, the matrimonial relationship between the parties became strained. On 12.01.2013, the respondent left the matrimonial home and has since been residing with her parents. Despite the appellant's repeated efforts to reconcile and provide support, the respondent chose to remain absent from the matrimonial home, prompting the appellant to file for divorce. (5) The appellant's suit for divorce, registered as H.M. Case No. 61 of 2013, was on the ground that the parties had been living separately for a prolonged period, and that the respondent had refused to fulfill her marital duties. However, the learned Family Court dismissed the divorce petition by its order dated 13.02.2018, finding that the grounds for divorce were not substantiated. (6) The appellant, aggrieved by the dismissal order dated 13.02.2018, has preferred this First Appeal seeking relief against the Family Court's decision. (7) On 20.09.2019, the matter was referred to the Mediation and Conciliation Centre of this Court. (8) In pursuance of the aforesaid order dated 20.09.2019, both the parties appeared before the Mediation and Conciliation Centre of this Court for amicable settlement of their dispute. (7) On 20.09.2019, the matter was referred to the Mediation and Conciliation Centre of this Court. (8) In pursuance of the aforesaid order dated 20.09.2019, both the parties appeared before the Mediation and Conciliation Centre of this Court for amicable settlement of their dispute. The learned Mediator has sent a report dated 07.04.2022 along with agreement between the parties, stating that the mediation proceedings have been completed and an agreement is reached between the parties which is enclosed. The relevant portion of the agreement is being quoted hereunder:- "The following settlement has been arrived at between the Parties hereto: A) That both the parties have agreed to resolve their dispute by way of one time settlement which is quantified for Rs. 10,50,000/- (Rupees Ten Lakh Fifty Thousand Only) as mutually agreed in lieu of permanent alimony to be paid by Mr. Khajanchi (Husband/First Party) to Ms. Preete (Wife/Second Party). B) That both the parties have agreed that they shall not raise any claim of any sort against each other in future in respect of any right arising out of the marriage which is being dissolved through this settlement. C) That out of the entire amount of Rs.10,50,000/- (Rupees Ten Lakh Fifty Thousand Only), a sum of Rs. 5,25,000/- (Rupees Five Lakh Tewnty Five Thousand only) has been received by Ms. Preete (Wife/ Second Party) by way of a Demand Draft bearing no. 000076 dated 22.03.2022 issued in the name of Priti Devi (name is as per passbook) from AXIS BANK Branch at Bhandsaria Kher UP on 31.03.2022 and rest of the amount of Rs. 5,25,000/- (Rupees Five Lakh Tewnty Five Thousand only) is paid today i.e. 07.04.2022 by the First Party to the Second Party by way of Demand Draft bearing no. 000077 dated 05.04.2022 issued in the name of Priti Devi from AXIS BANK, Branch at Bhandsaria Kher UP. D) That the Second Party has agreed to get the marriage dissolved in the light of this agreement so mutually arrived at between the parties. E) That both the parties have agreed to withdraw/not press/to get decided all the cases filed against each other in terms of present agreement, the details of which are as under: 1. Crl. Case No. 639 of 2018 U/S 125 Cr. P. C. (Preete Vs. Khajanchi) pending before Addll. Principal Judge, Family Court, Lakhimpur Kheri. E) That both the parties have agreed to withdraw/not press/to get decided all the cases filed against each other in terms of present agreement, the details of which are as under: 1. Crl. Case No. 639 of 2018 U/S 125 Cr. P. C. (Preete Vs. Khajanchi) pending before Addll. Principal Judge, Family Court, Lakhimpur Kheri. Besides the above if any other case is pending or filed between both the parties the same shall be withdrawn by either of the concerned parties. \F) That it is also agreed between the parties that neither they themselves nor any member of their respective families shall institute any malicious prosecution, in the form of any criminal or civil proceedings against each other, or any of their relative or family members, in future in respect to the present dispute or any matter incidental there to and if any proceeding has already been initiated the same would stand disposed off in terms of this Settlement Agreement. G) That both the parties understand, agree and further bind themselves that if either of the parties rescinds or does not follow the conditions stipulated herein above, such act shall entail for appropriate legal action. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to First Appeal No. 27 of 2018 (Khajanchi Vs. Preete) and all disputes and difference in this regard have been amicably settled by the parties hereto through the process of Conciliation/ Mediation." (9) In light of the aforementioned facts, learned counsel for the parties, after consulting their respective clients, submit that the present case may be disposed of in terms of the compromise dated 07.04.2022, referred to as the "Settlement Agreement," which was duly executed before the Mediation and Conciliation Centre of this Court. They further stated that rest of the terms of the compromise are already complied with by the parties. (10) In this regard, this Court is guided by Section 89 (2)(d) of the Code of Civil Procedure, 1908, which states that where a dispute has been referred for mediation, the mediator will assist the parties in reaching a settlement, and if a settlement is arrived at, the Court may pass a decree in accordance with its terms. This ensures that mediated settlements have legal enforceability and enables courts to grant decrees based on mutually agreed terms, thereby promoting amicable dispute resolution. This ensures that mediated settlements have legal enforceability and enables courts to grant decrees based on mutually agreed terms, thereby promoting amicable dispute resolution. The relevant provision is reproduced below: “ Section 89. Settlement of disputes outside the Court: (2) Where a dispute has been referred- (d )for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.” (11) Additionally, Rule 26 of the U.P. Civil Procedure Mediation Rules, 2009, mandates that the Court ensure the settlement is not collusive and has been arrived at voluntarily. The relevant provision is reproduced below: “ U.P. Civil Procedure Mediation Rules, 2009 Rule 26 . Court to fix a date for recording settlement and passing decree: - On the parties appearing before the Court on the dale fixed by the mediator, or such other day, not being beyond seven days from the date fixed by the mediator, the Court concerned shall hear the parties and if it is satisfied that the parties have settled their disputes voluntarily and that the settlement is not collusive, then it shall pass a decree in accordance with the settlement so recorded, if the settlement disposes of all the issues in the suit. (i) If the settlement disposes of only certain issues arising in the suit or proceeding, the Court shall record the settlement in respect of those issues if they arc severable from other issues and if a decree could be passed to the extent of the settlement covered by those issues, then the Court may pass a decree straightaway in accordance with the settlement on those issues without waiting for a decision of the Court on the other issues which are not settled. (ii) If the issues are not severable, then in that event, the Court shall wail for a decision of the Court on the other issues, which are not settled.” (12) In the present case, both parties have amicably resolved and settled all pending cases and consideration has also been exchanged between them as per the Settlement Agreement dated 07.04.2022, executed before the Mediation and Conciliation Centre of this Court. Upon perusal of the said agreement and after considering the submissions made by the learned counsels for the parties, this Court is satisfied that the settlement is bonafide and voluntary. Upon perusal of the said agreement and after considering the submissions made by the learned counsels for the parties, this Court is satisfied that the settlement is bonafide and voluntary. The only thing now remaining is the passing of a decree of divorce between the parties. (13) In this regard, this Court is also guided by Order XXIII Rule 3 of the Code of Civil Procedure, 1908 which allows compromise of suits, provided that such compromise is in writing and signed by the parties. It is evident from the records of the case before this Court that the Settlement Agreement dated 07.04.2022 fulfills these requirements and has been entered into voluntarily by the parties. As per this provision, the Court is bound to record the agreement and pass a decree in accordance with it. Order XXIII, Rule 3 of the CPC is being reproduced below: “ 3. Compromise of suit.- Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise (in writing and signed by the parties), or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith (so far as it relates to the parties to the suit, whether or not the subject-matter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit). (14) Since the settlement is bona fide and has been acted upon by both parties, this Court, in the exercise of its powers under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, is competent to pass a decree in terms of the settlement, even beyond the scope of the original suit. Furthermore, as the proceedings arise from the Family Court, this Court is also empowered to grant a decree of divorce under Section 13B of the Hindu Marriage Act, 1955, in light of the settlement, as recognized under Order XXIII Rule 3 of Code, 1908. (15) As all proceedings between the parties have already been settled and the agreed monetary consideration has been exchanged, the only remaining formality is the granting of a decree in accordance with the Settlement Agreement. (15) As all proceedings between the parties have already been settled and the agreed monetary consideration has been exchanged, the only remaining formality is the granting of a decree in accordance with the Settlement Agreement. Therefore, in the interest of justice and to avoid unnecessarily prolonging the litigation, this Court allows the appeal in terms of the Settlement Agreement dated 07.04.2022. (16) Accordingly, a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, is granted to the parties as per the terms of the Settlement Agreement dated 07.04.2022 entered into by the parties, executed before the Mediation and Conciliation Centre of this Court. No further claims beyond the agreement shall be entertained between the parties concerning their matrimonial relationship. (17) First Appeal is allowed in terms of the above.