Mayank Pal Singh Chauhan vs Smt. Priyanka
2022 Latest Caselaw 4286 MP

Citation : 2022 Latest Caselaw 4286 MP
Judgement Date : 28 March, 2022

Madhya Pradesh High Court

Mayank Pal Singh Chauhan vs Smt. Priyanka on 28 March, 2022

Author: Gurpal Singh Ahluwalia

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         THE HIGH COURT OF MADHYA PRADESH
               Criminal Revision No.1299/2020
   Mayank Pal Singh Chauhan Vs. Smt. Priyanka and another
                Criminal Revision No.929/2020
   Smt. Priyanka and another Vs. Mayank Pal Singh Chouhan

Gwalior, Dated:28/03/2022

      Shri R.K. Upadhyay with Shri Rahul Bansal, Advocates for

applicant in Cr.R. No.1299/2020 and for respondent in Cr.R.

No.929/2020.

Shri P.S. Raghuvanshi, Advocate for respondents in Cr.R.

No.1299/2020 and for applicants in Cr.R. No.929/2020.

By this common order Criminal Revision No.1299/2020 and

Criminal Revision No.929/2020 shall be disposed of.

These Criminal Revisions under Section 397 read with Section

401 of Cr.P.C. have been filed against the order dated 23/1/2020

passed by the Principal Judge, Family Court, Vidisha in MJC

No.108/2019, by which the application filed by Smt. Priyanka and

Ku. Shreliya under Section 125 of Cr.P.C. has been partially allowed

and the amount of Rs.5,000/- per month has been awarded towards

the maintenance amount of Ku. Shreliya.

By Criminal Revision No.1299/2020 applicant therein, namely,

Mayank Pal Singh Chauhan has challenged the maintenance amount

awarded to respondent no.2 therein, namely, Ku. Shreliya, whereas

by Criminal Revision No.929/2020 the applicants therein, namely,

Smt. Priyanka and Ku. Shreliya have challenged the order of non-

grant of maintenance to applicant no.1 therein, namely, Smt. Priyanka

and for enhancement of maintenance amount to applicant no.2

therein, namely, Ku. Shreliya.

THE HIGH COURT OF MADHYA PRADESH Criminal Revision No.1299/2020 Mayank Pal Singh Chauhan Vs. Smt. Priyanka and another Criminal Revision No.929/2020 Smt. Priyanka and another Vs. Mayank Pal Singh Chouhan

For the sake of convenience, facts mentioned in Criminal

Revision No.1299/2020 shall be taken into consideration.

It appears that a decree of divorce was passed against the

respondent no.1, which was challenged by her in First Appeal

No.2045/2019 and in the mediation proceedings, following decision

was taken:-

5- That on FIFTH DATE 25.11.2021 the Appellant was present in Person & the respondent was Present with is Counsels and I hold the joint session and single session as well as again joint session and also negotiated to both the parties. lastly both the parties entered in amicable Settlement as follows:

(A)- The respondent Mayank Pal shall deposit 7,000 per month maintenance amount for his minor daughter Till 7th Date of every month positively and shall not commit any mistake in the depositing above amount in account of SBI operating (Previously) in name of appellant Sint Priyanka Chauhan (as National Guardian / Mother) (B)- That the Minor Daughter Ku. Shreliya Shall live in custody of her natural guardian/Mother - Smt. Priyanka Chauhan but the respondent Mayank Pal Shall at his liberty to meet with the ku. shreliya at home of the appellant and shall give any kind of gift as per his own will or as per desire of Ku. Shrelia (daughter) in which the appellant Smt. Priyanka Chauhan Shall not creat any obstruction (C)- That both the parties shall finish up the all pending litigations whichever in any Court by following the provided procedure, in term of Compromise, with filing Certified Copy of the MEDIATION REPORT along with the judgment & decree passed by this High Court in the aforesaid F.A.

2045 /2019. the both the parties shall cooperate each other fairly which sufferer party shall get the favorable Order from the concerned Court by filing this Mediation report & the judgment as well as the Decree passed by this Court and the Concerned Court may pass the suitable order in the light of this Mediation Report

and the judgment & decree of this Hon'ble Court. (D) That both the Parties shall have to Maintain the peace and harmony with each other in dignified manner in future also.

It is not out of place to mention here that the decree in terms of

the agreement arrived at between the parties during the mediation

proceedings has also been passed in FA No.2045/2019. As per the

mediation report, the applicant has agreed to deposit an amount of

Rs.7,000/- per month till 7th day of every month towards the

maintenance amount of respondent no.2, whereas by the impugned

order, the Court below has awarded Rs.5,000/- per month to the

respondent no.2. Accordingly, IA No.1916/2022 has been filed

seeking disposal of the revision in the light of the mediation report

dated 6/12/2021.

Accordingly, IA No.1916/2022 is allowed and these Criminal

Revisions are also disposed of in the light of the mediation report