Priyanka Choudhary vs Praveen Patel
2024 Latest Caselaw 15702 MP

Madhya Pradesh High Court

Priyanka Choudhary vs Praveen Patel on 27 May, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE RAJ MOHAN SINGH
                                                        &
                                  HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                                   ON THE 27 th OF MAY, 2024
                                                  FIRST APPEAL No. 70 of 2024

                           BETWEEN:-
                           PRIYANKA CHOUDHARY W/O SHRI PRAVEEN PATEL
                           D/O SHRI BHAGWANDAS CHAOUDHARY, AGED ABOUT
                           30 YEARS, OCCUPATION: HOUSEWIFE R/O WARD NO. 7
                           DALMIL COLONY TEHSIL BARIELY DISTRICT RAISEN
                           (MADHYA PRADESH)

                                                                                         .....APPELLANT
                           (BY MS. ANJALI TIWARI - PROXY ADVOCATE ON BEHALF OF MS.
                           BHAVNA TRIPATHI- ADVOCATE)

                           AND
                           PRAVEEN PATEL S/O SHRI MADAN SINGH PATEL, AGED
                           ABOUT 34 YEARS, R/O 94 SILARI KHURD TEHSIL
                           UDAYPURA DISTRICT RAISEN (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI JAYANT NEEKHRA -ADVOCATE)

                                 This appeal coming on for admission this day, Justice Raj Mohan

                           Singh passed the following:
                                                               ORDER

The present appeal has been filed by the appellant/Priyanka Choudhary against the judgment and decree dated 23.12.2023 passed by the 2nd Additional District Judge, Bareli, District Raisen in RCS HM No.09/2020, whereby the trial court has allowed the petition under section 13(1) of the Hindu Marriage Act filed by the respondent. Resultantly a decree of divorce on the ground of cruelty has been passed by the trial court.

During the pendency of the present appeal, both the parties have entered into an out of court settlement dated 23.04.2024. The compromise has been written and both the parties have signed after settling the different terms and conditions. The compromise has been witnessed by Purshotam Singh Verma, S/o Shri Vijay Singh Verma, Gram Lamta, Tehsil Udhaipura, District Raisen and Govind Singh Thakur, S/o Bhupat Singh, R/o Bareli District Raisen (M.P).

With the concurrence of both the parties, the compromise in question is taken on record and exhibited as Ex.A-1. According to the terms and conditions of the settlement an amount of Rs.11,50,000/- has been fixed towards the full and final settlement of the rights of the appellant. Learned

counsel for the appellant very candidly admitted that an amount of Rs.11,50,000/- has been received by the appellant. Both the parties have mutually decided that the pending cases interse between the parties shall be withdrawn without there being any objection.

In view of the conditions of the compromise, the applicant/appellant wishes to withdraw the present appeal. However, with the clarification that the allegations of cruelty as incorporated in the judgment and decree dated 23.12.2023 be withdrawn/expunged with the leave of this Court.

Learned counsel for the respondent has no objection to the aforesaid course.

In view of the settlement arrived at between the parties, there is no chance of reconciliation. All the efforts for reconciliation have failed and only solution is of parting ways. Both the parties have parted ways and the permanent alimony of Rs.11,50,000/- has been granted and paid to the appellant towards her past, present and future claims.

In the light of the aforesaid facts and circumstances of the case, this appeal is ordered to be dismissed as withdrawn in terms of the compromise. Both the parties would remain bound by the terms and conditions of the compromise.

                              (RAJ MOHAN SINGH)                          (AVANINDRA KUMAR SINGH)
                                    JUDGE                                         JUDGE
                           tarun