Madhuri Singh v. Kundan Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No. 507 of 2012 =============================================== Madhuri Singh D/o Kameshwar Prasad Singh R/o Mohalla-Babu Bazar, P.S.-ARA Town, Distt-Bhojpur.
... ... Appellant/s
Versus
Kundan Kumar Singh S/o Late Kashi Nath Singh R/o Gola Mohalla, Ara, P.S.-ara Town, Distt-Bhojpur.
... ... Respondent/s =============================================== Appearance :
For the Appellant/s : Ms. Vagisha Pragya Vacaknavi, Advocate. For the Respondent/s: Mr. Chandan Kumar Verma, Advocate. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 03-01-2018 Heard parties.
This appeal is directed against the judgment and decree dated 29.06.2012 passed by the Principal Judge, Family Court, Bhojpur at Ara in Matrimonial Case No. 28 of 2005 by which he has allowed the case of the respondent filed under Section 13 of Hindu Marriage Act.
Learned counsel for the respondent produces two demand drafts bearing nos. 015818 and 015819 of IDBI Bank dated 02.01.2018 amounting to Rs. 1,00,000/- (One Lakh) each drawn one in fvaour of the appellant, Madhuri Singh and
Patna High Court MA No.507 of 2012 dt.03-01-2018 2/3 second in favour of her daughter, Sia Singh. The demand drafts are being handed over to the appellant who is present in Court. Affidavits have already been filed on behalf of the parties agreeing to the terms and conditions of compromise arrived at between them.
The appellant as well as the respondent both are present personally before us. They have also stated that they have entered into compromise and, as such, the appellant has already received altogether Rs. 10,60,000/- (Ten Lacs Sixty Thousand Rupees) by way of alimony for one time settlement in this matter.
Learned counsel for the parties have taken us to a decision of this Court rendered in Hemant Kumar Vs. Sushila Devi & Ors. [2009(1) PLJR (HC) 205] to demonstrate that under similar circumstance, compromise has been accepted by a Division Bench of this Court.
Having considered the matter thoughtfully, we are of the view that compromise between the parties meets the requirement of law and is in their interest.
We, accordingly, dispose of this appeal on the consent having been given orally before this Court as well as in writing on affidavit and the compromise arrived at between the
Patna High Court MA No.507 of 2012 dt.03-01-2018 3/3 parties. The marriage between the parties is dissolved as per the compromise. Since permanent alimony of rupees ten lacs sixty thousand has already been paid, we record the statement of the respondent that no further claim of alimony of any nature remains. The parties will pay their own costs. (Dr. Ravi Ranjan, J) (Anjana Mishra, J) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.01.2018 Transmission Date NA