Prateek Kumar Paul vs Smt. Megha Paul
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Allahabad High Court

Prateek Kumar Paul vs Smt. Megha Paul on 6 May, 2025

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:72406
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4569 of 2025
 

 
Petitioner :- Prateek Kumar Paul
 
Respondent :- Smt. Megha Paul
 
Counsel for Petitioner :- Arvind Kumar Goswami
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

1. This writ petition has been filed with the following prayer:-

"It is, therefore, Most Respectfully prayed that, this Hon'ble Court may be graciously be pleased to direct the court to decide the Matrimonial Case No. 872 of 2022 filed by Smt. Megha Paul and Prateek Kumar Paul under Section 13-8 of the Hindu Marriage Act, 1955 pending before the Principal Judge Family Court, Firozabad within stipulated period of time fixed by this Hon'ble Court; and/or to pass any other order or direction which this Hon'ble Court may deems fit & proper under the facts and circumstances of the case in the interest of justice; otherwise the petitioner shall suffer irreparable loss and injury."

2. It is contended that the petitioner was married to respondent according to Hindu Rites and Customs on 05.02.2017. A matrimonial dispute has arisen between the parties, which led to living separately. A petition under Section 13-B of Hindu Marriage Act was filed for mutual divorce. The matter had travelled to this Court, and a settlement agreement was arrived between the parties before Mediation and Conciliation Centre of this Court on 29.09.2022. The terms of the settlement are as under:-

"ALLAHABAD HIGH COURT MEDIATION AND CONCILIATION CENTRE SETTLEMENT AGREEMENT

This SETTLEMENT AGREEMENT entered into on 29.09. 2022, between Shri Prateek Kumar Pal (Appliant No. 1- Hasbane) and Smt. Megha Pal (O.P. No. 2-Wife)

WHEREAS

1. Disputes and differences had arisen between the parties hereto Application U/S 482 No.25164 of 2021 as filed before the Hon'ble High Court.

2. The matter was referred to mediation/conciliation vide onder dated 04.12.2021 passed by bench of Hon'ble Rajiv Gupta, J.

3. The parties agreed that Mr. V.K. Chandel and Mr. B.B. Singh, Advocates would act as their Concilliator/ Mediator, in the Mediation Case No 1457/2022.

4. Several joint and separate meetings were held during the process of Concillation/Mediation on 09-06-2022, 21-07-2022, 25-08-2022, 15-09-2022 and and 29-09-2022, the the parties have with the assistance of the Mediator/Conciliator voluntarily arrived at an amicable solution resolving the above-mentioned disputes and differences.

5. The marriage of Shri Prateek Kumar Pal (Applicant No.1-Husband) and Smt. Megha Pal (O.P. No.2-Wife) was solemnized on 05.02.2017. Out of aforesaid wedlock, parties have no issue. The parties have been living separately since 08.10.2017.

6. 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.

7. In view of the 2nd Interim Settlment Agreement daed 15.09.2022, the following settlement has been arrived at between the parties hereto:-

a) That the parties stated that the correct name of the Applicant No. 1 & O.P. No. 2 is 'Shri Prateek Kumar Paul & Smt. Megha Paul Paul instead of 'Shri Prateek Kumar Paul & Smt. Megha Pal' as mentioned in memo of party of the present case.

b) the parties have settled their dispute and decide live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Firozahed and the same is registered as Case No. 872 of 2022. The certified copy of the aforesaid, divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court.

c) That it has bees agreed between the parties that the applicant-husband shall pay one time settlment amount of Rs. 19,00,.000/- (Rs. Nineteen Lakhs Only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.

d) That an 15.09.2022, the applicant-husband has produced a demand draft bearing no. 712366 dated 07.09.2022 drawn on State Bank of India for Rs. 9,50,000/- (Rupees Nine Lakh Fifty Thousand only) in favour of Megha Paul (wife) and the same has been handed over today i.e 29.09.2022 to the wife and she has acknowledged the receipt of the same.

e) That it has been agreed between the parties that the remaining amout i.e. Rs. 9,50,000/- (Rupees Nine Lakh Fifty Thousand only) shall be paid by Shri Prateek Kumar Pal (Applicant No. 1-Husband) to Smt. Megha Pal (OP No.2-Wife) at the time of final judgment in Case No. 872 of 2022 pending in Family Court, Firozabad by way of demand draft.

f) That it has also 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.

g) 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.

h) 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.

8- By signing this Agreement the Parties hereto state that the Application U/8 482 No. 25164 of 2021 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

3. The second motion according to petitioner counsel was moved on 21.03.2023, but the petition under Section 13-B is still pending consideration and has not been decided by the Principal Judge, Family Court, Firozabad. The sole prayer made in the writ petition is for expeditious disposal of the said Matrimonial Case No.872 of 2022 filed under Section 13-B of the Hindu Marriage Act.

4. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit, or issuing to the respondent, the matter is being disposed of, at the admission stage, with a direction upon Principal Judge, Family Court, Firozabad to proceed with Matrimonial Case No.872 of 2022, and decide the the same within a period of one month from the date of production of certified copy of this order strictly in accordance with law, considering the settlement arrived between the parties on 29.09.2022 before Mediation and Concilliation Centre as well as the guidelines laid down in the judgment of Hon'ble Apex Court rendered in the case of Amardeep Singh Vs. Harveer Kaur (2017) 8 SCC 746.

5. With the aforesaid observations, writ petition stands disposed of.

Order Date :- 6.5.2025

SK Goswami