Allahabad High Court
Tarun Kumar vs Smt. Chanda on 1 May, 2024
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:77977-DB
Court No. - 29
Case :- FIRST APPEAL No. - 1110 of 2023
Appellant :- Tarun Kumar
Respondent :- Smt. Chanda
Counsel for Appellant :- Archana Shukla,Pratibha Vohra
Counsel for Respondent :- Sandeep Kumar Srivastava
Hon'ble Vivek Kumar Birla,J.
Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Mrs. Pratibha Vohra, learned counsel for the appellant and Sri Sandeep Kumar Srivastava, learned counsel appearing for the respondents.
2. This appeal has been filed seeking following relief:
"The relief sought by way of this appeal is that Hon'ble may kindly be pleased to call for the period of the case, allow this appeal, and set aside judgment and order dated 22.08.2023 and decree dated 04.09.2023 passed by Shri Sangeeta Srivastava, Principal Judge, Family Court, Amroha in Original Suit No. 84 of 2020, Tarun Kumar Vs. Smt. Chanda and / or grant such other and further relief which this Hon'ble Court my deem fit and proper under the facts and circumstances of the case."
3. The appeal was admitted vide order dated 09.10.2023. Subsequently, vide order dated 14.03.2024 matter was referred to the mediation centre. As per mediation report dated 30.04.2024 mediation is completed and agreement has taken place. A settlement agreement dated 30.04.2024 is being quoted as under:
"7. In view of the Interim Settlement Agreement dated 23.04.2024, the following settlement has been arrived at between the Parties hereto:-
a) That both the parties have settled their dispute amicably before the Mediation Centre and decided to live separately.
b) That it has been agreed between the parties that the husband shall pay one time settlement amount of Rs.10,50,000/- (Rupees Ten Lakh Fifty Thousand only) to the wife which includes permanent alimony and Stridhan by way of Demand Draft.
c) That on 23.04.2024, the husband has produced a demand draft bearing no. 002176 dated 22.04.2024 for Rs.5,50,000/- (Rupees Five Lakh Fifty Thousand only) drawn on Axis Bank Ltd. in favour of Chanda Rani (wife), which was kept on record and the same has been handed over to the wife today i.e. 30.04.2024 and she has acknowledged the receipt of the same.
d) That today i.e. 30.04.2024, the husband has produced another demand draft of remaining amount of Rs. 5,00,000/- (Rupees Five Lakh Only) bearing D.D. No.002178 dated 29.04.2024 drawn on Axis Bank Ltd. in favour of Chanda Rani (wife), and the same is being handed over to the Smt. Chanda (wife) and she has acknowledged the receipt of the same.
e) That it has been agreed between the parties that all civil and criminal cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
f) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.
g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."
4. We have gone through the compromise, both the parties agree that the present appeal may be allowed and divorce petition no. 84 of 2020 filed by Tarun Kumar Vs. Smt. Chanda be allowed.
5. Accordingly, present appeal stands allowed in terms of the compromise. The divorce petition no. 84 of 2020 (Tarun Kumar Vs. Smt. Chanda) stands also allowed and the decree of divorce stands granted in favour of Tarun Kumar. The compromise shall form part of the decree. The marriage solemnized on 17.02.2017 between the parties stands dissolved.
Order Date :- 1.5.2024
Arif
