Chattisgarh High Court
Rajdeep Tamrakar vs Smt. Priyanka Tamrakar on 10 August, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Proceedings through Video Conferencing
FAM No.253 of 2019
Rajdeep, son of Dashrathlal Tamrakar, aged about 31 years, resident
of Behind P.H.E. Durg Road Singhouri, Bemetara, District Bemetara
(CG). ---- Appellant
Versus
Smt. Priyanka, wife of Rajdeep, aged about 27 years, resident of
Behind Sayasagar Press, Kila Mandir Road, Tamer Para, Durg,
District Durg (CG). ---- Respondent
AND
FA(MAT) No.48 of 2020
Rajdeep Tamrakar, son of Shri Dashrathlal Tamrakar, aged about 30
years, resident of Behind of P.H.E. Office, Mohalla Singhori, Ward
No.10, Bemetara, P.S. and Tahsil Bemetara, District Bemetara,
Chhattisgarh, through Shri Dashrath Lal Tamrakar (Retired Senior
Clerk) House No.H-17, M.R.P. Colony, Rudri, Post Rudri, Tahsil and
District Dhamtari (CG). ---- Appellant
Versus
Smt. Priyanka Tamrakar, wife of Rajdeep Tamrakar, aged about 26
years, at present resident of Killa Mandir Road, Tamer Para, Durg,
P.S. Durg, Tahsil and District Durg (CG).
---- Respondent
AND
CRR No.239 of 2020
Rajdeep Tamrakar, son of Shri Dashrathlal Tamrakar, aged about 30
years, resident of Behind of P.H.E. Office, Mohalla Singhori, Ward
No.10, Bemetara, P.S. and Tahsil Bemetara, District Bemetara,
Chhattisgarh, through Shri Dashrath Lal Tamrakar (Retired Senior
Clerk) House No.H-17, M.R.P. Colony, Rudri, Post Rudri, Tahsil and
District Dhamtari (CG). ---- Applicant
Versus
Smt. Priyanka Tamrakar, wife of Rajdeep Tamrakar, aged about 26
years, at present resident of Killa Mandir Road, Tamer Para, Durg,
P.S. Durg, Tahsil and District Durg (CG).
---- Respondent
For Appellant : Mr. Pallav Mishra, Advocate
For Respondent : None present.
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Hon'ble Shri Prashant Kumar Mishra, Acting Chief Justice
Hon'ble Shri Justice N.K. Chandravanshi
Order on Board
By
Hon'ble Shri Prashant Kumar Mishra, J.
10.08.2021
1. The parties were sent for mediation. They have settled their pending
disputes in FA(MAT) No.48/2020, FAM No.253/2019 and CRR
No.239/2020.
2. Shri Pallav Mishra, learned counsel appearing for the appellant
submits that CRR No.239/2020 is cognizable by Single Bench. Since the
parties have resolved to close their all three cases, we direct the Registry to
list CRR No.239/2020 today itself before this Bench.
3. FAM No.253/2019 is an appeal filed by the appellant/husband
against the impugned judgment and decree dated 17.07.2019 passed in
Civil Suit No.08-A/2017 by the Family Court, Bemetara, District Bemetara
(CG) dismissing the appellant/husband's suit for divorce under Section 13
of the Hindu Marriage Act, 1955.
4. FA(MAT) No.48/2020 is an appeal filed by the appellant/husband
challenging the impugned judgment and decree dated 31.12.2019 of the
First Additional Principal Judge, Family Court, Durg passed in Civil Suit
No.03-A/2016 allowing respondent/wife's application under Section 9 of the
Hindu Marriage Act.
5. CRR No.239/2020 has been preferred by the applicant/husband
challenging the order dated 31-12-2019 passed by the First Additional
Principal Judge, Family Court, Durg in Misc. Criminal Case No. 5/2016
under Section 125 of CrPC allowing monthly maintenance of Rs.3,500/- to
the respondent/wife.
6. Parties to the proceeding were sent for mediation by the order dated
09.03.2021. The Officer/Mediator has drawn the proceedings and submitted
the mediation report along with Settlement Agreement recorded between
the parties on 06.08.2021.
7. The entire Settlement Agreement is reproduced hereunder for
reference.
"SETTLEMENT AGREEMENT
This Settlement Agreement entered into on 06.08.2021 between:-
Rajdeep Tamrakar,
R/o Behind of P.H.E. Office, Mohalla Singhori, Ward No.10,
Bemetara, P.S. and Tahsil Bemetara,
District Bemetara (CG) through
Shri Dashrath Lal Tamrakar,
House No.17, M.R.P. Colony,
Rudri, Post Rudri,
District Dhamtari (CG) Party No.1
AND
Smt. Priyanka Tamrakar,
At present R/o Killa Mandir Road, Tamer Para, Durg,
Police Station Durg, District Durg (CG). Party No.2
This Settlement Agreement entered into on this 06.08.2021 between
Rajdeep Tamrakar and Smt. Priyanka Tamrakar.
Whereas:
1. Disputes and differences had arisen between parties hereto
and Party No.1 filed following cases before Hon'ble High Court of
Chhattisgarh-
(a) FA(MAT) No.48/2020 against order dated 31.12.2019
passed by Family Court, Durg in Civil Suit No.03A/2016.
(b) FAM No.253/2019 against order dated 17.07.2019 passed
by Family Court, Bemetara in Civil Suit No.08A/2017.
(c) Cr.R. No.239/2020 against order dated 31.12.2019 passed
by Ist Additional Principal Judge, Family Court, Durg in
Miscellaneous Criminal Case No.05/2016.
2. The matter was referred to mediation vide order dated
23.03.2021 by Hon'ble High Court of Chhattisgarh, Bilaspur,
Chhattisgarh in FA(MAT) No.48/2020, FAM No.253/2019 and
Cr.R. No.239/2020.
3. Smt. Anubhuti Marhas, Advocate was appointed as Mediator.
4. Meetings were held during the process of mediation on
06.04.2021, 26.07.2021, 29.07.2021 and 06.08.2021 and the
parties have with the assistance of mediator voluntarily arrived at
an amicable settlement resolving the above mentioned dispute
and differences.
5. The parties hereto confirm and declare that they have
voluntarily and of their own free will arrived at this
settlement/agreement in presence of the Mediator.
6. The following settlement has been arrived at between the
parties hereto:
A. Party No.1 has agreed to pay one time permanent
alimony/maintenance of Rs.10,00,000/- (Rupess Ten Lakhs Only)
in two installments to Party No.2 to which Party No.2 has agreed
and consented. Party No.1 has given a cheque of Rs.5,00,000/-
(Rupess Five Lakhs Only) vide cheque No.000324 dated
06.08.2021 and another cheque of Rs,5,00,000/-(Rupess Five
Lakhs Only) vide cheque No.000326 dated 06.11.2021 of ICICI
Bank, Bemetara in presence of parties and the mediator. Both the
cheques are handed over to Party No.2 Smt. Priyanka Tamrakar
today i.e. on 06.08.2021. The matter be placed before this
Hon'ble Court for further directions.
B. In view of above terms of settlement, Party No.1 shall take
appropriate steps to withdraw FA(MAT) No.48/2020, FAM
No.253/2019 and Cr.R. No.239/2020 filed by him before Hon'ble
High Court of Chhattisgarh with immediate effect. Party No.2 shall
also take appropriate steps to withdraw Case No.881/2014 filed
under Domestic Violence Act pending in the Court of Judicial
Magistrate First Class, Durg with immediate effect and any other
case filed or pending before this Settlement Agreement.
Further in view of settlement arrived between the parties, Party
No.1 will not further pursue and initiate any civil and criminal
proceedings against Party No.2 and any of her family members
for any dispute and grievances. Similarly Party No.2 shall not
pursue and initiate any civil and criminal proceedings against
Party No.1 or any of his family members for any dispute and
grievances.
C. As a result of this settlement agreement, parties have also
agreed and shall file appropriate application before competent
court to obtain decree of divorce.
7. By signing this agreement the parties hereto state that they
have no further claim or demands against each other with respect
to cases mentioned above and the parties hereto through the
process of mediation in this regard have amicably settled all
disputes and differences.
The agreement is signed on 06.08.2021 by the parties to
the agreement in presence of Mediator at Mediation Centre, High
Court of Chhattisgarh at Bilaspur (CG).
Copies of Settlement Agreement are being handed over to
both the parties."
8. Since the parties had appeared before the Mediator and their
signatures are available in the Settlement, their separate presence today is
not required.
9. In terms of Clause 6.B of the Settlement, Party No.1 i.e. Rajdeep
Tamrakar/husband has agreed to withdraw all the three cases i.e. FA(MAT)
No.48/2020, FAM No.253/2019 and CRR No.239/2020. Therefore, Shri
Pallav Mishra, learned counsel appearing for the appellant seeks
permission of this Court to withdraw the abovementioned appeals and
revision petition in terms of settlement arrived between the parties.
10. Accordingly, FAM No.253/2019, FAM(MAT) No.48/2020 & CRR
No.239/2020 are dismissed as withdrawn. The settlement arrived between
the parties are recorded and shall form part of the record of the proceedings
in all the abovementioned three cases.
11. Copies of Settlement Agreement be retained in all the
abovementioned three cases.
Sd/- Sd/-
(Prashant Kumar Mishra) (N.K. Chandravanshi)
Acting Chief Justice Judge
L/-
