Allahabad High Court
Ritesh Singh vs Jyoti Singh on 1 May, 2024
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:34039-DB
Court No. - 2
Case :- FIRST APPEAL No. - 36 of 2024
Appellant :- Ritesh Singh
Respondent :- Jyoti Singh
Counsel for Appellant :- Dilip Kumar Pandey,Priyanka Chaudhary
Counsel for Respondent :- Suresh Kumar
Hon'ble Rajan Roy,J.
Hon'ble Om Prakash Shukla,J.
1. Heard.
2. This is a First Appeal under Section 19 (3) of the Family Court Act, challenging the judgment and decree dated 23.01.2024 passed by the Principal Judge, Family Court, Lucknow in Original Case No. 2893 of 2022.
3. Appellant is the husband. Respondent is the wife. The matter was referred for mediation at Mediation and Conciliation Centre of this Court at Lucknow. The settlement agreement has been arrived at between the parties on 24.04.2024, which is on record and has been duly signed by parties, their Counsel and also the Mediators. The said settlement agreement reads as under :-
?This SETTLEMENT AGREEMENT entered into on 24.04.2024, between Ritesh Singh S/O Surendra Pratap Singh R/O Vidhya Nagar Kathari Bagh, Neelmattha, Police Station Cantt. Lucknow (First Party) and Jyoti Singh, D/O Nagendra Nath Singh, R/O Near Ranjeet Nagar, Sector-6 Telibagh, Police Station-Cantt., Lucknow (Second Party).
WHEREAS
1. Matrimonial disputes and differences had arisen between the Parties hereto and FIRST APPEAL No.36 of 2024 (Ritesh Singh Vs. Jyoti Singh) was filed before Allahabad High Court, sitting at Lucknow.
2. The matter was referred to Mediation/Conciliation vide an order dated 22.03.2024 passed by the Bench comprising of Hon'ble Mr. Justice Attau Rahman Masoodi and Hon'ble Mr. Justice Brij Raj Singh.
3. The parties agreed that Mr. Pankaj Khare, Advocate and Mr. Murli Manohar Srivastava, Advocate, would act as their Mediators/Conciliators.
4. Several meetings were held during the process of Conciliation/Mediation and the parties, with the assistance of the Mediators/ Conciliators, have voluntarily arrived at an amicable solution resolving all their dispute and differences.
5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators/Conciliators and there is no coercion or undue influence on either of the parties of any kind whatsoever in arriving at this settlement agreement.
6. The following settlement has been arrived at between the Parties hereto:-
A. That both the parties have mutually agreed to dissolve their marriage and to live separately in future. For the purpose of dissolution of their marriage the parties have agreed to accept the decree dated 23.01.2024 passed by the Principal Judge, Family Court, Lucknow in Original Case No. 2893 of 2022 U/S 13(1)(1-A) of Hindu Marriage Act, 1955 (Smt. Jyoti Singh Vs. Ritesh Kumar Singh).
B. That the First Party had agreed to pay to the Second Party and the Second Party had agreed to receive from the First Party a total sum of Rs. 6,50,000/- (Six Lacs Fifty Thousand only) towards one time full and final settlement of all the claims of the Second Party against First Party including the claim for permanent alimony Accordingly the First Party has handed over two Demand Draft to the Second Party today; details of which are mentioned hereunder:
(I) D. D. No. 507152 dated 18.04.2024 amounting to Rs.3,00,000/- (Three Lacs only) drawn on ICICI Bank, Branch-Lucknow.
(II) D. D. No. 507145 dated 05.04.2024 amounting to Rs.3,50,000/- (Three Lacs Fifty Thousand only) drawn on ICICI Bank, Branch-Lucknow.
C. That the parties have agreed to withdraw and to co-operate to get the cases thdrawn the cases filed against each other. The details of the cases are mentioned hereinunder.
(I) Case No. 516 of 2022 ertising out of Case Crime No. 0160 U/Ss 4984, 504, 506 IPC and Section 3/4 D. P. Act. P. S. Cantt. District-Lucknow pending before Judicial Magistrate-II, Lucknow.
D. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the FIRST APPEAL No. 36 of 2024 (Ritesh Singh Vs. Jyoti Singh) in terms of this settlement agreement.
E. In addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement.
F. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their marriage or any matter incidental thereto
G. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense In case of any default, the party committing the default shall be liable for playing fraud with the Court hence for contempt of the Court.
7. By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to the matter involved in FIRST APPEAL No.36 of 2024 (Ritesh Singh Vs. Jyoti Singh) and all disputes and differences in this regard have been amicably sett settled by the Parties hereto through the process of Conciliation/Mediation.?
4. Counsel for both the parties agree that in paragraph-C (I) of the aforesaid agreement, while mentioning the Case Crime No. 0160, the year has not been mentioned and the year is 2021. As both the Counsel agree on this aspect, therefore, the said agreement shall be read, understood and applied accordingly.
5. From bare reading of the aforesaid settlement what comes out is that both parties have mutually agreed to dissolve their marriage and to live separately in future in terms of the conditions mentioned therein, by which they are bound.
6. Counsel for the appellant Shri Dilip Kumar Pandey and Counsel for the respondent Shri Suresh Kumar agree that such agreement has been arrived and the same shall be abided by the parties.
7. In view of the above, we dispose of this appeal in terms of the aforesaid agreement, meaning thereby nothing in the judgment impugned herein shall come in the way, which is contrary to the agreement arrived at between the parties and it is the agreement which settles the dispute.
.
( Om Prakash Shukla, J. ) ( Rajan Roy, J. )
Order Date :- 1.5.2024
Ajit
