Sangita Mourya vs Amit Kumar Mourya
2022 Latest Caselaw 3968 Chatt

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                                                                    NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                                FAM No. 189 of 2016
         Sangeeta Mourya W/o Shri Amit Mourya, aged about 35 years,
          Present Add- Nandani General Store, Hatri Bazar Chowk Lormi,
          Tah.- Lormi, District- Mungeli (C.G.)
                                                             ---- Appellant
                                      Versus
         Amit Kumar Mourya, S/o. Shri Motilal Mourya, aged about 38
          years, R/o. Near Mastana Mandir Vegetable Market Chantidih, at
          Bilaspur, Tah. & District- Bilaspur (C.G.)
                                                           ---- Respondent



     For Appellant          :       Shri Rakesh Dubey, Advocate.
     For Respondent/State   :       Shri Achyut Tiwari, Advocate.


                     Hon'ble Shri Justice Goutam Bhaduri
                      Hon'ble Smt. Justice Rajani Dubey

                                Judgment on Board
                                    (23/06/2022)
Goutam Bhaduri, J.

Heard.

1. Both the parties are present before this Court along with their

respective counsel.

2. An agreement dated 11.02.2022 has been filed which shows

that settlement has been arrived at in between the parties.

3. The instant appeal was against the judgment and decree dated

11.08.2016 whereby the marriage dated 06.06.2010 was

dissolved by decree of divorce at the instance of the husband.

Subsequently after, appeal was filed, during the pendency, the

case was sent for Mediation and the Mediation Report would

show that on 11.02.2022, an agreement was arrived at in

between the parties wherein they agreed to maintain the

decree of divorce and the certain goods were agreed to be

returned which were given at the time of marriage.

4. It is being contended by the parties today that since

considerable time has passed and goods, which were agreed to

be returned, have lost its value with passage of time,

consequently, an amount of Rs. 1,00,000/- (One Lac Rupees

Only) was settled to be given in lieu of the goods. Accordingly,

an amount of Rs. 1,00,000/- was given before the Court.

5. Considering the submission of the parties that they cannot live

together and the marriage dated 06.06.2010 has been

dissolved by decree, we maintain the judgment and decree

passed by the learned Family Court, Bilaspur vide order dated

11.08.2016.

6. In respect of clause No. 3 of the agreement, since an amount of

Rs. 1,00,000/- has been paid in lieu of the cost of the goods

and wife Smt. Sangita Mourya, who is present in person, accord

her satisfaction that she does not further want any goods as

she has received the amount. The clause No-3 of the

agreement shall not be acted upon.

7. Let the decree be drawn afresh. The contents of agreement

would be part of the decree, showing satisfaction of wife in

respect of clause No. 3, as has been observed in the preceding

para of the judgment.

                 Sd/-                                     Sd/-
            (Goutam Bhaduri)                        (Rajani Dubey)
                 Judge                                   Judge


V/-