Swati Mittal D/O Shri Ashok Singhi ... vs Sharad Mittal Son Of Shri Sunil ...
2023 Latest Caselaw 3230 Raj/2

[2023:RJ-JP:16948-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR



           D.B. Civil Miscellaneous Appeal No. 1279/2021



Swati Mittal D/o Shri Ashok Singhi W/o Shri Sharad Mittal, Aged
About 33 Years, R/o Flat No. 201, Plot No. 502, Ramkrishan
Apartment, Vivek Vihar, Shyam Nagar, Jaipur At Present Residing
At 4/7/12, Jawahar Nagar, Jaipur (Rajasthan.)


                                                                      ----Appellant
                                       Versus



Sharad Mittal Son Of Shri Sunil Mittal, R/o Flat No. 201, Plot No.
502, Ramkrishan Apartment, Vivek Vihar, Jaipur At Present
Residing At Flat No. 201, Plot No. 27, V Cube Carnation , Surya
Nagar, Taaro Ki Koot, Jaipur And C/o M/s Digital Pack And Prints,
B-11, Sharma Colony Extension, Kartarpura Industrial Area, 22
Godam,       Jaipur     (Mobile       No.      9694100000           And   E-Mail   -
[email protected])


                                                                    ----Respondent

For Appellant(s) : Mr. Rajeev Surana, Mr. Jagesh Joshi, Mr. Puranmal Sharma, Mr. Sankalp Sogani, Ms. Muskan Verma, Mr. Umang Jain

For Respondent(s) : Mr. Rajendra Singh Rajawat, Mr. Pratush Choudhary for Mr. Deepak Chouhan

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Judgment / Order

07/08/2023

[2023:RJ-JP:16948-DB] (2 of 3) [CMA-1279/2021]

The instant appeal is filed by the appellant under Section 19

of the Family Courts Act, 1984 being aggrieved with the judgment

and decree dated 11.12.2019 passed by the Family Court No.1,

Jaipur, whereby the divorce petition No.3538/2019 (700/2019)

filed by the respondent under Section 13 of the Hindu Marriage

Act, 1955 has been allowed and ex parte decree of divorce has

been passed.

Learned counsels for the appellant and the respondent have

submitted that the parties have arrived at an amicable settlement

and in relation to that, a notarized compromise deed dated 28 th

July, 2023 has been executed. It is also submitted by learned

counsels for the parties that the appellant and the respondent

have decided to live separately in future and they have also

agreed for withdrawal of all the cases filed in various courts

against each other. Learned counsels for the parties have further

submitted that money for permanent settlement has already been

paid to the appellant by the respondent by way of demand drafts,

which are part of the compromise deed executed between the

parties.

Taking into consideration the overall facts and circumstances

of the case, in the first session, this Court directed the Registrar

(Judicial) of this Court to verify the compromise deed executed

between the parties and after verification of the same, the matter

is placed before us. The compromise deed is taken on record.

Having considered the contents of the above compromise

arrived at between the parties, we deem it appropriate to dispose

of the instant appeal in the terms of the same.

[2023:RJ-JP:16948-DB] (3 of 3) [CMA-1279/2021]

Hence, the instant appeal is disposed of in the terms of the

compromise deed executed between the parties. The marriage

between the parties took place on 24th June, 2011 stands

annulled. A decree-sheet be prepared as per the terms of

compromise deed and be granted.

The demand drafts attached to the compromise deed are

handed over to the appellant in the court itself after obtaining

receipts of the same.

                                   (ASHUTOSH KUMAR),J                                              (VIJAY BISHNOI),J




                                   MAHENDRA SINGH RATHORE /     77









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