Ashok Kumar vs Smt. Ranu Rajesh
2021 Latest Caselaw 3727 Chatt

                                             1


                                                                           NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR

                                 FAM No. 51 of 2018

   • Ashok Kumar S/o Late Shri Radhamal Aged About 36 Years R/o Kishore
     Kirana Store, In Front Of Garden, Veer Sawarkar Nagar, Heerapur, Raipur,
     Chhattisgarh

                                                                     ---- Appellant

                                       Versus

   • Smt. Renu Rajesh W/o Shri Ashok Kumar Aged About 36 Years D/o Shri
     Kanhaiyamal Motwani, R/o Old Rajendra Nagar, In Front Of Kali Mandir,
     Raipur, Chhattisgarh

                                                                 ---- Respondents



      For Appellant                      :       Ms. Smita Jha, Advocate

      For Respondent                     :       Ms. Nirupama Bajpai, Advocate


                      Hon'ble Shri Justice Goutam Bhaduri

                      Hon'ble Smt. Justice Rajani Dubey

                              Judgment on Board


Per Goutam Bhaduri, J.

15/12/20 21

Heard.

1. Learned counsel for the appellant would submit that the appeal

was referred to the mediator and the parties have come to a settlement to

dissolve the marriage on certain conditions which are embodied in the

mediation report. It is further contended that there is irretrievable break

down of marriage as husband and wife cannot live together to continue

their matrimonial life and 2 demand drafts of total of Rs. 5,50,000/- are

placed before this Court which is a part of settlement of the matrimonial

dispute to dissolve the same.

2. Having considered the submission of the parties and after

going through the mediation settlement arrived by the mediator, it shows

that there is irretrievable break down of marriage and both the parties are

living separately since 2010. In consequence thereof the application which

was preferred by the husband before the family court on 24.01.2012 read

with mediation settlement is considered to be an application for mutual

divorce under Section 13 of the Hindu Marriage Act, 1955 and as per

mediation settlement since both the parties have agreed to dissolve the

marriage dated 29.04.2007 the marriage is here by dissolved by decree of

divorce.

3. The amount drafts of Rs. 5,50,000/- is handed over to the

counsel. The acknowledgment be done in the order sheet.

4. The terms of the settlement shall be part of the decree which

are as follows:-

i. That, the first party/appellant is deposing a bank draft of Rs.

5,00,000/- (Rupees Five Lac only) of Punjab National Bank, Branch

Magar Para Road, Bilaspur bearing No. 865094 dated 06.12.2021

and another bank draft of Rs, 50,000/- (Rs. Fifty thousand only) of

Punjab National Bank, Branch Raipur Tatibandh, bearing No.

793601 dated 07.12.2021 in favour of the second party/respondent

Smt. Renu Rajesh. The aforesaid total amount Rs. 5,50,000/-

referred in the bank drafts would be the amount of final settlement.

ii. That, there is no any kind of articles is to be received by the

second party/ respondent from the appellant/ First party an in the

similar manner the first party is not desire any thing or any articles

from the second party.

iii. That, the amount so deposited by the First party/ appellant

would be the full and final amount of settlement. After receiving the

aforesaid settlement amount, the second party/ respondent will not

claim any sum/ amount for her maintenance or else from the

appellant/ first party in future.

iv. That, the second party/ respondent had instituted a suit for

recovery of maintenance against first party/ appellant which is sub-

judice before the trial court. That after this settlement agreement, the

second party/ respondent would withdraw the suit of recovery of

maintenance from the concerning court.

v. That the first party/ appellant has agreed that he would meet

his daughter in every 15 days or whenever possible. The second

party/ respondent would not raise any objection and will allow the

first party/ appellant to meet his daughter.

vi. That, by virtue of this settlement memo both the parties

withdraw all the allegations made against each other and in future

they will not utter any allegation/ reaction so as to create

complication in life of each other. Thus, both the parties are

withdrawing the matrimonial relations and in future they would be

free to take their won decision for their prospective life and career.

5. Accordingly the present appeal is disposed off with the aforesaid

observation. No order as to cost.

6. A decree be drawn accordingly.

                 Sd/-                                                      Sd/-


          (Goutam Bhaduri)                                      (Rajani Dubey )

                Judge                                                 Judge

Jyoti