Citation : 2023 Latest Caselaw 35351 ALL
Judgement Date : 15 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Neutral Citation No. - 2023:AHC:237918-DB Court No. - 39 Case :- FIRST APPEAL No. - 144 of 2016 Appellant :- Raj Deep Singh Respondent :- Smt. Neelam Singh Counsel for Appellant :- Yashpal Yadav,Rajesh Yadav Counsel for Respondent :- Dharmendra Pratap Singh Hon'ble Saumitra Dayal Singh,J.
Hon'ble Shiv Shanker Prasad,J.
1. Heard Sri Brijesh Kumar Srivastava learned counsel holding brief of learned counsel for the appellant and Sri Dharmendra Pratap Singh learned counsel for the respondent.
2. Present appeal has been filed under Section 19 of the Family Courts Act, 1984 against the judgment and order dated 29.2.2016 passed by the Additional Principal Judge, Family Court, Kanpur Nagar in Case No. 468 of 2007 (Raj Deep Singh Vs. Smt. Neelam Singh) under Section 13 of the Hindu Marriage Act, 1955. By that order, learned court below has dismissed the divorce case proceedings instituted by the appellant.
3. During pedency of the appeal, parties are described to have reached a settlement. Copy of the written settlement thus reached as been annexed as Annexure SA-1 to the Supplementary Affidavit dated 14.10.2023 filed by the appellant. We have perused the same.
4. Sri Raj Deep Singh and Smt. Neelam Singh are present in Court. They have been duly identified by their counsel. Upon brief interaction, parties disclosed to the Court that they have reached an amicable settlement to dissolve their marriage. The respondent agrees that the marriage between the parties may be dissolved and that she may withdraw from all criminal cases instituted by her against the appellant subject to payment of Rs. 9 lakhs. Accordingly, a Bankers Cheque No. 206603 dated 09.10.2023 for Rs. 9 lakhs drawn at State Bank of India in favour of respondent, which is valid for three months has been handed over to learned counsel for the respondent for onward communication and encashment by the respondent.
5. In view of the above, present appeal is allowed. The order of the learned court below dated 29.2.2016 is set aside. Marriage between the parties is dissolved from today in terms of the written compromise reached between them dated 10.10.2023, a copy of which is annexed as Annexure SA-1 to the Supplementary Affidavit dated 14.10.2023 filed in the present proceedings.
Order Date :- 15.12.2023
Faraz
(Shiv Shanker Prasad, J.) (S. D. Singh, J.)
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