Smt. Usha Tiwari vs Manoj Tiwari
2021 Latest Caselaw 3199 MP

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               HIGH COURT OF MADHYA PRADESH
                                       F.A.No.44/2016 & 240/2016
                              {Smt. Usha Tiwari Vs. Manoj Tiwari}


Gwalior Bench: 12.07.2021

     Shri Anil Kumar Mishra, learned counsel for the appellant.

     Shri Sunil Jain, learned counsel for the respondent.

With consent heard finally through video-conferencing.

1. Both the appeals touches the same subject matter, therefore,

heard and decided by a common order.

2. F.A.No.44/2016 is preferred by the appellant wife under Section

19 of the Family Court Act, 1984 (hereinafter referred to as "the

Act") against the judgment and decree dated 04-12-2015 passed

by the Principal Judge, Family Court, Gwalior in Case No.360-

A/2013 HMA whereby the application filed under Section 9 of

Hindu Marriage Act, 1955 (hereinafter referred to as "the Act of

1955") for restitution of conjugal rights, has been dismissed.

3. F.A.No.240/2016 is also preferred by the appellant wife under

Section 19 of the Act read with Section 96 of CPC against the

judgment and decree of divorce dated 15-10-2016 passed by the

Principal Judge, Family Court, Gwalior in Case No.190-A/2016

whereby the application filed by the respondent/husband under

Section 13 of the Act of 1955 seeking divorce has been decided

ex parte in favour of husband and decree of divorce has been

passed. Both the cases were tagged together and were heard

many a times previously. On due deliberation, it was found that

HIGH COURT OF MADHYA PRADESH F.A.No.44/2016 & 240/2016 {Smt. Usha Tiwari Vs. Manoj Tiwari}

matter can be resolved through conciliation and mediation.

4. It appears that better sense prevailed over the parties and now

parties intend to bury the hatchet and settle the dispute once and

for all. Appellant wife and respondent husband decided to

peacefully sever their domestic relationship in following

manner:

i- Appellant wife shall withdraw F.A.No.44/2016 and would

not press for restoration of conjugal rights.

ii- Appellant wife shall withdraw F.A.No.240/2016 and

accept the judgment and decree of divorce dated 15-10-

2016 passed by he Principal Judge, Family Court Gwalior

whereby divorce has been given and marriage between

the appellant and respondent has been dissolved. They

would no longer remain as husband and wife. Judgment

and decree of divorce dated 15-10-2016 attain finality.

iii- Respondent husband shall pay his wife i.e. appellant

Rs.20 lacs as lumpsum (permanent alimony) within

two months and thereafter appellant wife shall not ask for

any interim or permanent alimony or maintenance amount

from the respondent.

iv- Both the parties shall not cause any embarrassment and

harassment to each other in future.

HIGH COURT OF MADHYA PRADESH F.A.No.44/2016 & 240/2016 {Smt. Usha Tiwari Vs. Manoj Tiwari}

v- If respondent husband does not pay amount by way of

Demand Draft in favour of appellant wife within the

stipulated time, then this appeal shall be placed before this

Court under the "Caption Direction" for compliance of

the Court order.

5. Both the appeals (F.A.No.44/2016 & 240/2016) stand disposed

of in above terms.

                                         (Sheel Nagu)                                (Anand Pathak)
                                            Judge                                        Judge
Anil*


 ANIL        Digitally signed by ANIL KUMAR
             CHAURASIYA


 KUMAR
             DN: c=IN, o=HIGH COURT OF MADHYA
             PRADESH BENCH GWALIOR, ou=HIGH
             COURT OF MADHYA PRADESH BENCH
             GWALIOR, postalCode=474001,

 CHAURASIY   st=Madhya Pradesh,

2.5.4.20=8512f40a1a9eaa50b6802d068b 51dae27e84c266b09d283f0799e67cdc7d

A f50f, cn=ANIL KUMAR CHAURASIYA Date: 2021.07.14 13:28:36 -07'00'