Chattisgarh High Court
Devprasad Singh vs Smt. Padmini Painkra on 22 November, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
FA(MAT) No. 7 of 2019
Devprasad Singh S/o Shri Bhuneshwar Singh aged About 29 Years R/o
Village Parwatipur Post Bargidih, P.S.- Lundra, District- Surguja,
Chhattisgarh
---- Appellant
Versus
Smt. Padmini Painkra D/o Shri Paras Ram Painkara Aged About 29 Years
R/o Village Batwahi, Post- Raghunathpur, P.S. Lundra, District- Surguja,
Chhattisgarh
---- Respondent
For Appellant : Ms. Soniya Kuldeep, Advocate
For Respondent : Mr. Amarnath Pandey, Advocate
Hon'ble Mr. Justice P. Sam Koshy
Hon'ble Mr. Justice Parth Prateem Sahu
Judgment on Board by Hon'ble Mr. Parth Prateem Sahu
22/11/2021
1. The challenge in the present appeal is to the judgment and decree dated
06.08.2019 passed by the Family Court Ambikapur, District Surguja in
Civil Appeal no.110A/2018, whereby the learned Family Court dismissed
the application under Section 13(1b) of Hindu Marriage Act, 1955.
2. Considering the nature of dispute between the parties, this Court
referred the parties for mediation for settlement of their dispute to the
duly appointed trained mediator. After conclusion of the mediation
proceedings, the mediator has forwarded the report dated 26.10.2021
mentioning that the settlement has been arrived at between the parties
on the terms mentioned therein. The terms of the settlement is
reproduced below for ready reference :-
"1. That, the first party/Appellant is deposing a bank Draft of
Rs.12,00,000(Rupees Twelve Lac only) of Chhattisgarh Rajya
Gramin Bank, Branch Bargidih bearing No.24441 dated 22.10.2021
in favour of the second party/respondent Smt. Padmini Paikra. The
aforesaid amount referred in the bank draft would be the amount of
final settlement.
2. That, there is no any kind of articles is to be received by the
seond party/respondent from the appellant/First party and in the
similar mannerthe first party is not desire any thing or any articles
from the second party.
3. That, the amount so deposited by the First party/appellant would
be the full and final amount of the 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.
4. That, by virtue of this settlement memo both the parties withdraw
all the allegation 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 own decision
for their prospective life and career."
3. In terms of the settlement arrived between the parties, the appellant has
submitted a demand draft of Rs.12 lacs bearing No.24441 during the
Mediation Proceedings dated 26.10.2021, which is kept in the record to
be handed over to the respondent at the time of hearing of this appeal
by this Court and while passing final order.
4. Both the parties are present today before this Court and submitted that
they have settled their dispute in the Mediation Proceedings in terms of
the deed of settlement. Demand Draft which is available on record is
handed over to the respondent which she accepted and acknowledged
its receiving.
5. In view of the above, appeal is allowed and marriage between the
appellant and respondent is dissolved by virtue of the decree of divorce
passed by this Court today. Accordingly, the decree be framed. The
settlement recorded by the mediator on 26.10.2021 shall also be made
part of the decree.
Sd/- Sd/-
(P. Sam Koshy) (Parth Prateem Sahu)
Judge Judge
Rohit
