Umesh Thakur vs . Shivali Mehta

Umesh Thakur Vs. Shivali Mehta .

CrMP No. 4176 of 2023 in Cr. Revision No. 127 of 2022 10.11.2023 Present: Mr. Parveen Chauhan, Advocate, for the non-

applicant/ petitioner.

Mr. Sunny Modgill, Advocate, for the applicant/ respondent.

By way of instant application, prayer has been made by the applicant/ respondent for release of amount, lying deposited in the Registry of this Court. No reply is intended to be filed to the instant application by the non-applicant/ petitioner.

Careful perusal of judgment dated 09.05.2023, passed by this Court in Criminal Revision No. 127 of 2022 reveals that non applicant/ petitioner though had approached this Court in a petition filed under Section 397 Cr.P.C., laying therein challenge to the order dated 09.02.2022 passed by the learned Additional Principal Judge-I, Family Court, Una, District Una (HP) in Criminal Misc. Application No. 264 of 2020 in case No. 30 of 2020, whereby the learned trial Court while accepting the prayer made by the respondent under Section 125 Cr.P.C burdened the non applicant/ petitioner with liability to pay a sum of Rs. 7,000/- per month, but during pendency of the case as detailed above, parties resolved to settle their dispute amicably inter se them, whereby they agreed to file an application under Section 13 B of Hindu Marriage Act in the competent court of law for dissolution of their marriage by way of mutual consent. As per agreed terms, non-applicant/ petitioner agreed to pay a sum of Rs. 8,00,000/- as permanent alimony to the applicant/ respondent. Sum of Rs. 84,000/- on account of maintenance under Domestic Violence Act was also agreed to be paid to the applicant/ respondent. Since marriage inter se parties has already been ordered to be dissolved by the competent Court of law while exercising the powers under 13 B Hindu Marriage Act, prayer has been made by the applicant/ ::: Downloaded on - 10/11/2023 20:40:07 :::CIS respondent for release of Rs. 84,000/- lying deposited in the Registry of this Court.

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For the reasons stated in the application, the same is allowed and Registry is directed to release a sum of Rs. 84,000/- alongwith upto date interest in favour of the applicant/ respondent by remitting the same in her saving bank account as detailed in para 4 of the application subject to verification. Application stands disposed of.

    November 10, 2023
    Sunil/manjit
                      r       to                (Sandeep Sharma),
                                                      Judge









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