Jitesh Kumar Michu vs Rashi Bajaj
2014 Latest Caselaw 6831 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL No. - 445 of 2011
 

 
Appellant :- Jitesh Kumar Michu
 
Respondent :- Rashi Bajaj
 
Counsel for Appellant :- R.C.Tiwari
 
Counsel for Respondent :- Ambarish Chatterji
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Om Prakash-VII,J.

Both the parties appeared in person along with their counsel and they have been heard,

This is an appeal against the order dated 13.5.2011 passed by the Principal Judge, Family Court, Allahabad, by which the application under Section 12 of the Hindu Marriage Act has been filed for declaring the marriage dated 12.10.2005 as null and void. Both the parties appeared before this Court on several occasions. Now they have arrived to a compromise and in respect thereof, a joint affidavit dated 23.9.2014  is being filed before this Court today. In terms of the compromise, a sum of Rs. 5,00,000/- is to be paid by the appellant to the respondent towards permanent alimony. As against the aforesaid amount, a demand draft No. 593530 of State Bank of India dated 22.9.2014 for Rs.2,00,000/- (two lacs) in the name of Rashi Bajaj is being given by the appellant and the same has been handed over to Rashi Bajaj in the Court. The acknowledgment is being given in the order sheet, which has been verified by learned counsel for both the parties. It has been agreed that the balance amount of Rs.3,00,000/- (three lacs) will be paid within two months. It has also been agreed that on payment of the entire amount, both the parties shall withdraw all the civil and criminal cases filed by them before the various courts.

Learned counsel for the appellant submitted that  two Criminal Cases, namely, Case  No. M.P. 521 of 2007 (Kanwal Bajaj Vs. Jitesh Kumar Michu and Late Urmila Michu) is pending before the C.J.M., Allahabad in which the proceeding is going on and in another case no. 48 of 2008, under Section 125 Cr.P.C. (Rashi Bajaj  Vs. Jitesh Kumar Michu) is pending before the III A.D.J., Allahabad in which also the proceeding is going on.

Since the parties have arrived to a compromise, it would be appropriate that the proceedings of both the cases may be stayed. Parties are directed to move the application before the court concerned for stay of the proceedings till the final order is passed by this Court.

List on 15.12.2014 as part heard. On that day, both the parties shall appear in person.

Order Date :- 23.9.2014

OP