Allahabad High Court
Vijendra Lal Srivastava vs Smt. Purnima Srivastava on 27 May, 2024
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:95381-DB
Court No. - 29
Case :- FIRST APPEAL No. - 1379 of 2023
Appellant :- Vijendra Lal Srivastava
Respondent :- Smt. Purnima Srivastava
Counsel for Appellant :- Ravindra Kumar Srivastava,Vikas Mani Srivastava
Counsel for Respondent :- Pradeep Kumar
Hon'ble Vivek Kumar Birla,J.
Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Vikash Singh holding brief of Sri Vikas Mani Srivastava, learned counsel for the appellant.
2. This appeal has been filed challenging the order dated 12.10.2023 passed by learned Principal Judge, Family Court, Maharajganj allowing the application no. 17 Ga under Section 24 of the Hindu Marriage Act filed by the defendant-respondent in the Divorce Petition No. 235 of 2022 (Vijendra Lal Srivastava vs. Smt. Purnima Srivastava).
3. Vide order dated 12.2.2023 the matter was referred to the mediation centre.
4. We find that initially interim settlement agreement had taken place on 17.3.2024 and subsequently second interim settlement agreement had taken place on 21.4.2024 and now final settlement had taken place on 19.5.2024.
5. Perused the office report dated 22.5.2024 and the settlement agreement dated 19.5.2024 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 7 of the settlement agreement dated 19.4.2024. The paragraph 7 is quoted as under:-
"7. In view of the Interim Settlements dated 17.3.2024 & 21.4.2024, the following settlement has been arrived at between the parties hereto:-
a. The parties have already settled their dispute and filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Maharajganj, which is registered as Case No. 238/2024. The certified copy of aforesaid divorce petition is being annexed to this settlement for kind perusal of the Hon'ble Court.
b. That it has been agreed between the parties that in full and final settlement of all financial claims of Respondent-wife that may accrue against the Appellant-Husband or his family members, she shall be paid a permanent alimony including Stridhan to the tune of Rs. 8,00,000/- (Rs. Eight Lakh Only). After receiving this amount she shall not stake any claim of any nature whatsoever in the property of the husband or in her in-laws and she also agrees that she shall not claim any further financial assistance from them. The aforesaid amount of Rs. 8,00,000/- shall be paid in two equal installments of Rs. 4,00,000/- each through the demand drafts.
c. That on 21.4.2024, the Appellant-Husband had produced a demand draft bearing no. 928287 dated 18.04.2024 drawn on Indian Bank for Rs. 4,00,000/- (Rs. Four Lakh Only) issued in favour of Purnima Srivastava (Respondent wife), which was kept on record and the same is being handed over the Responent-wife (Smt. Purnima Srivastava) today i.e. 19.05.2024 and she has acknowledged the receipt of the same.
d. That it has been agreed between the parties that the remaining amount i.e. Rs. 4,00,000/- (Rs. Four Lakh Only) shall be paid by Vijendra Lal Srivastava (Appellant-Husband) to Smt. Purnima Srivastava (Respondent-wife) at the time of final judgment before the Principal Judge, Family Court, Maharajganj, by way of demand draft of a nationalized bank.
e. That it has also been agreed between the parties that all the cases, if any civil or criminal case is pending between the parties against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned as soon as possible in view of this settlement-agreement.
f. That the parties further agreed that they shall not file any fresh case/complaint against each other regarding present matrimonial dispute in any manner whatsoever."
6. It is submitted that as between the parties compromise had already taken place therefore, the appeal may be disposed of in terms of the aforesaid settlement agreement.
7. The appeal stands disposed of in terms of the aforesaid settlement agreement.
Order Date :- 27.5.2024
Lalit Shukla
