Allahabad High Court
Rajkamal Sahu vs Abhilasha Sahu on 14 November, 2024
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:179122-DB
Court No. - 39
Case :- FIRST APPEAL No. - 152 of 2024
Appellant :- Rajkamal Sahu
Respondent :- Abhilasha Sahu
Counsel for Appellant :- Ajay Chandragupta,Pranav Mishra,Shad Khan
Counsel for Respondent :- Navin Kumar Srivastava,Rajan Srivastava,Ritukar Gupta
Hon'ble Saumitra Dayal Singh,J.
Hon'ble Donadi Ramesh,J.
1. Heard Sri Shad Khan, learned counsel for the appellant and Sri Rajan Srivastava, learned counsel for the respondent.
2. Present appeal is directed against the judgment and order dated 30.11.2023 passed by Principal Judge, Family Court, Azamgarh in Case No. 37 of 2022 (Abhilasha Sahu Vs. Rajkamal Sahu), whereby the learned Court below has terminated the proceedings instituted under Section 13-B (ii) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act).
3. The marriage between the parties was solemnized on 12.02.2016. Parties have been living separately since 15.6.2017. There are no children born to them. After 5 years of marriage, on 18.11.2021, parties instituted proceeding being Case No. 37 of 2022 (Abhilasha Sahu Vs. Rajkamal Sahu), under Section 13-B of the Act.
4. At the same time, four other proceedings became pending between the parties being Criminal Case No. 45 of 2022, instituted by the respondent against the appellant under Section 498A, 323, 504 and 506 IPC and 3/4 of DP Act; Case No. 14 of 2022 instituted by the respondent under Section 12 of Protection of Women from Domestic Violence Act, 2005; Case No. 551 of 2019 instituted by the respondent under Section 125 Cr.P.C. before Principal Judge, Family Court, Court No.2, Azamgarh and Case No. 2100126 of 2021 instituted before the same Court seeking recovery.
5. In such background, one agreement was reached between the parties to dissolve the marriage. It is also undisputed to the parties that Rs. 3 Lacs were paid to the respondent on 22.06.2022 as a part of terms of settlement reached.
6. Thereafter, the respondent withdrew from the proceeding under Section 13-B of the Act. It was her case that full amount of settlement had not been paid to her. The appellant has contended otherwise. In such circumstances, the learned Court below passed the impugned order.
7. Upon notices issued in these proceedings, further negotiations have taken place between the parties. At present, Rs. 4 Lacs further agreed to be paid by the appellant to the respondent for dissolution of marriage is lying in deposit with the Court in compliance to the last order dated 4.10.2024.
8. Today, learned counsel for the respondent has filed personal affidavit of the respondent. It has been taken on record. Paragraph 4 of the said affidavit reads as below:
"4. That, in compliance to the order of Hon'ble High Court in first appeal No. 152 of 2024 order dated 1-10-2024 the respondent Abhilasha Sahu has not pressed the following cases in the court below; herein referred as following:
a. Case No. 45 of 2022 under section 498A. 323, 504, 506 I.P.C. and D.P. Act pending before the Judicial magistrate/ F.T.C. Women, Azamgarh has been not pressed by the respondent pursuant to which order dated 11-11-2024 passed by the learned court below. For the kind perusal of this Hon'ble Court the Certified Copy of order dated 11- 11-2024 by the Judicial magistrate/ F.T.C. women, Azamgarh is being filed herewith and marked as Annexure no. CA-1 to this Compliance affidavit.
b. Case No. 14 of 2022 under section 12 of Protection of Women from Domestic Violence Act 2005 pending before the Judicial magistrate/ F.T.C. Women, Azamgarh has been not pressed by the respondent pursuant to which order dated 11-11- 2024 passed by the learned court below. For the kind perusal of this Hon'ble High Court the Certified Copy of order dated 11-11-2024 by the family court no. 2, Azamgarh is being filed herewith and marked as Annexture no. CA-2 to this Compliance affidavit.
c. Case No. 551 of 2019 pending before the Upper Principal Judge, Family Court, Court no. 2, Azamgarh has been not pressed by the respondent pursuant to which order dated 22-10-2024 passed by the learned court below. For the kind perusal of this Hon'ble Court the Certified Copy of order dated 22-10-2024 by the Upper Principal Judge, Family Court, Court no. 2, Azamgarh is being filed herewith and marked as Annexture no. CA-3 to this Compliance affidavit.
d. Subsequent Case No. 126 of 2021 was pending before the Principal Judge Family court, Azamgarh. This case has already been dismissed on 01-10- 2021 by the learned court below. For the kind perusal of this Hon'ble High Court The Certified Copy of order dated 01.10.2021 by the Principal Judge, Family Court, Azamgarh is being filed herewith and marked as Annexure no. CA-4 to this Compliance affidavit. "
9. Thus, all four cases earlier instituted by the respondent against the appellant stand withdrawn/dropped. Also, on query made, learned counsel for the respondent specifically states that having received Rs. 7 Lacs (in all), the respondent is not pressing for any other amount against dissolution of marriage as agreed between the parties.
10. In view of the above, the appeal is allowed. The judgment and order dated 30.11.2023 passed by Principal Judge, Family Court, Azamgarh in Case No. 37 of 2022 is set aside. The marriage between the parties solemnized on 12.02.2016 is dissolved, today against permanent alimony Rs. 7 Lacs paid to the respondent. Let Rs. 4 Lacs lying in deposit with this Court be released in favour of the respondent together with accrued interest thereon, if any.
Order Date :- 14.11.2024/Noman
(Donadi Ramesh, J.) (S.D. Singh, J.)
