Allahabad High Court
Madhuri Saroj vs Dharmendra Kumar Ram on 5 February, 2025
Author: Siddhartha Varma
Bench: Siddhartha Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:16695-DB
Court No. - 39
Case :- FIRST APPEAL No. - 173 of 2024
Appellant :- Madhuri Saroj
Respondent :- Dharmendra Kumar Ram
Counsel for Appellant :- Chandan Kumar Chaturvedi
Counsel for Respondent :- Dhananjay Singh,Satyendra Narayan Singh
Hon'ble Siddhartha Varma,J.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the appellant and learned counsel for the respondent.
After the application under Section 13 of the Hindu Marriage Act, 1955 was filed by Madhuri Saroj it was dismissed on 16.01.2024. Thereafter when the instant first appeal was filed in this Court, the matter was referred to the mediation centre and the mediation centre with the cooperation of the parties came to an amicable agreement on 11.12.2024.
Settlement award drawn by the mediation centre is being reproduced herein below:-
"ALLAHABAD HIGH COURT MEDIATION AND CONCILIATION CENTRE SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT entered into on 11.12.2024, between Madhuri Saroj (Appellant-Wife) and Dharmendra Kumar Ram (Opposite Party- Husband).
WHEREAS
1) Disputes and differences had arisen between the Parties hereto and First Appeal No. 173 of 2024 was filed before the Hon'ble High Court.
2) The matter was referred to mediation / conciliation vide order dated 05.09.2024 passed by bench of Hon'ble Saumita Dayal Singh, J. and Hon'ble Donadi Ramesh, J.
3) The parties agreed that Mr. Imran Khan and Ms. Sheeba Jose, Advocates would act as their Conciliators/Mediators, in the Mediation Case No. 4281/2024.
4) Several Joint and separate meetings were held during the process of Conciliation/Mediation on 11.12.2024 and the parties have with the assistance of the Mediators/Conciliators voluntarily arrived at an amicable solution resolving the above-mentioned disputes and differences.
5) This First Appeal has been preferred against the judgment and order dated 16.01.2024 passed by Principal Judge, Family Court, Azamgarh in Case No. 1096 of 2021 (Madhuri Saroj vs. Dharmendra Kumar Ram) in which the learned court has been rejected the Divorce Petition of the appellant under Section 13 of Hindu Marriage Act, 1955.
6) The marriage between Madhuri Saroj (Appellant- Wife) and Dharmendra Kumar Ram (Opposite Party- Husband) was solemnized on 21.05.2004. Out of aforesaid wedlock the parties have a daughter, namely, Akshita (aged about 7 years) who living with her mother.
7) 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.
8) The following settlement has been arrived at between the Parties hereto:-
a) That both the parties have mutually decided to get separated and part their ways and dissolved their marriage.
b) That it has mutually been agreed between the parties that the Madhuri Saroj (wife) has waived off the claim of permanent alimony including Stridhan and also undertakes not to claim the same in future also in any manner or under any law and she has produced an affidavit to this effect which is being made part of this instant settlement.
c) That the parties have agreed that the custody of the minor daughter, namely, Akshita shall remain with her mother, namely, Madhuri Saroj.
d) That it has also been agreed between the parties that all the expenses i.e. educational, medical, maintenance and etc. of the minor daughter namely, Akshita shall be borne by both the parties equally and in this regard Rs.6,000/- shall be fixed as expenses to the minor daughter per month and it will be shared by both the parties i.e. Rs.3,000/- each before the 10th of every month.
e) That it has mutually agreed between the parties that as and when the expenses of the minor female child increases it will be extended accordingly.
f) That it has also been agreed between the parties that Dharmendra Kumar Ram- Opposite Party (father) shall have visitation right and for the security and welfare of the daughter he will meet the minor daughter with prior communication with the appellant on second Sunday of every month.
g) That the opposite party shall have no objection if the Hon'ble Court pleases to allow the present First Appeal on the basis of this settlement agreement between the parties today i.e., 11.12.2024.
h) That it has also been agreed between the parties that in view of the above, all civil and criminal cases (if any) 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.
i) That the parties will not file any fresh case against each other in respect of this matrimonial dispute.
j) That this settlement agreement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement.
9. By signing this A agreement the parties hereto state that the First Appeal No.173 of 2024 and all disputes and differences in this regard have been amicable settled by the Parties hereto through the process of Conciliation/Mediation.
DATE: 11.12.2024"
Out of the various paragraphs, para-8 a, b, c, d, e and f of the Settlement shall be a part of the decree which shall now be passed by this Court. They are as follows
"a) That both the parties have mutually decided to get separated and part their ways and dissolved their marriage.
b) That it has mutually been agreed between the parties that the Madhuri Saroj (wife) has waived off the claim of permanent alimony including Stridhan and also undertakes not to claim the same in future also in any manner or under any law and she has produced an affidavit to this effect which is being made part of this instant settlement.
c) That the parties have agreed that the custody of the minor daughter, namely, Akshita shall remain with her mother, namely, Madhuri Saroj.
d) That it has also been agreed between the parties that all the expenses i.e. educational, medical, maintenance and etc. of the minor daughter namely, Akshita shall be borne by both the parties equally and in this regard Rs.6,000/- shall be fixed as expenses to the minor daughter per month and it will be shared by both the parties i.e. Rs.3,000/- each before the 10th of every month.
e) That it has mutually agreed between the parties that as and when the expenses of the minor female child increases it will be extended accordingly.
f) That it has also been agreed between the parties that Dharmendra Kumar Ram- Opposite Party (father) shall have visitation right and for the security and welfare of the daughter he will meet the minor daughter with prior communication with the appellant on second Sunday of every month."
First Appeal is accordingly allowed and the judgment and order dated 16.01.2024 passed by Principal Judge, Family Court, Azamgarh in Case No.1096 of 2021 (Madhuri Saroj vs. Dharmendra Kumar) is set aside. Suit filed under Section 13 of the Hindu Marriage Act now stands decreed in terms of paragraphs 8 (a), (b), (c), (d), (e) and (f) of the award dated 11.12.2024 of the mediation centre.
Order Date :- 5.2.2025
Asha
