Patna High Court
Vagisha Kumari @ Khushboo vs Amresh Kumar on 13 May, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.552 of 2018
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Vagisha Kumari @ Khushboo Wife of Amresh Kumar and daughter of Sri
Kumar Vijay Krishna Braj Raj, Resident of Village- Yadav Colony,
Daudnagar, P.O.P.S.- Daudnagar, District- Aurangabad Bihar.
... ... Appellant/s
Versus
Amresh Kumar, S/o Sri Awadhesh Prasad Singh, Resident of Vill-
Dilawarpur, P.S.- Haspura, District- Aurangabad at present rent resident of
Muhalla- Baiju Yadav Magadh Colony, Kurji, P.S.- Sadapur, P.S.- Digha,
District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anil Kr Singh No. 6, Advocate
For the Respondent/s : Mr. Chandra Mohan Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 13-05-2024
Learned counsel for the respective parties
submitted that parties have settled their dispute by means of an
Agreement dated 26.02.2024 before the Mediation Centre, Patna
High Court. The same has been furnished and it has been taken
on record. Agreement dated 26.02.2024 reads as under :-
"1. That the opposite party no.2 is
ready to pay total amount of Rs. 10,00,000/- (Rs.
Ten Lakhs only) to the petitioner and her daughter
within six months.
2. That the opposite party no.2 is
Patna High Court MA No.552 of 2018 dt.13-05-2024
ready to pay as 1st instalment of Rs. 3,50,000/- (Rs.
Three Laks fifty thousand) only at the time of
withdrawal of Cr. Revision Petition no. 1079 of
2018 which is pending before Hon'ble High Court,
Patna.
3. That opposite party no.2 shall
further pay as second instalment Rs. 3,50,000/-
(Three Lakhs fifty thousand) only at the time of
withdrawal of divorce case vide M.A. No. 552 of
2018 before Hon'ble High Court, Patna.
4. That rest of amount as 3rd
instalment Rs. 3,00,000/- (Rs. Three Laks only) the
opposite party no.2 shall pay to the petitioner at
the time of withdrawal of Daud Nagar P.S. Case
No. 205 of 2015 which is pending before the Ld.
S.D.J.M., Daudnagar, District-Aurangabad.
5. That all payments shall be made by
the opposite party no.2 to the petitioner through
Bank Draft.
6. That both parties also agreed to
compromised the above mentioned cases or
pending in any Court they do not proceed in any
Patna High Court MA No.552 of 2018 dt.13-05-2024
cases pending either before Hon'ble High Court or
before any Ld. Court below.
7. That in future both the parties shall
not raise any grievances from each other.
8. That the petitioner agrees to
maintain her minor daughter and she will not raise
any claim from the opposite party no.2 regarding
the minor daughter in future in any minor.
9. That till final payment of the agreed
amount that is (Rs. 10,00,000/- Ten Laks Rupees
only), the opposite party no.2 shall make payment
ten Thousand Rupees per months as maintenance
and when the aforesaid final payment is made the
monthly payment (maintenance) shall be stopped
immediately.
10. That the statements made in
aforesaid paragraph are true to my knowledge and
information."
2. In the light of Agreement dated 26.02.2024,
Judgment passed in Matrimonial Case No. 64 of 2017 decided
on 24th May, 2018 on the file of Principal Judge, Aurangabad
(Bihar) is not binding on the respective parties.
Patna High Court MA No.552 of 2018 dt.13-05-2024
3. Further, learned counsel for the respective
parties, on instruction, submitted that in terms of para-3 of
Agreement, Respondent is paying a sum of Rs. 3,50,000/- (Rs.
Three Lakhs Fifty Thousand) in favour of the appellant.
Demand Draft/pay order drawn in UCO Bank dated 30.04.2024.
A xerox copy of the same is placed on record. Respondent's
counsel is hereby directed to handover the Demand draft to the
appellant's counsel during the course of the day.
4. With the above observations and directions, the
present Miscellaneous Appeal stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.05.2024
Transmission Date N.A
