Suman Pandey v. Manjay Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.442 of 2022 ====================================================== Suman Pandey W/o- Manjay Kumar Pandey, Daughter of Sri Satyadeo Singh, R/o Village- Bhairodih, P.S.- Charpokhari, District- Bhojpur at present residing at C/o Surendra Singh, Kumar Body Builder Gali, P.S.- Shekhpura, Distt.- Patna, PIN- 800014.
... ... Appellant/s
Versus
Manjay Kumar Pandey S/o- Late Tulsi Pandey, R/o Village- Bhairodih, P.S.- Charpokhari, District- Bhojpur.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ravindra Kumar, Advocate For the Respondent/s :
Mr. Hansraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI) 11-09-2025 Learned counsel for the appellant and learned counsel for the respondent are present with their respective parties (appellant & respondent in person).
2. A joint compromise under Order XXIII Rule I of the Code of Civil Procedure has been filed.
3. Both counsel jointly submits that it is a joint compromise filed in which terms of compromise has already been dictated which states as follows:- "Terms of Compromise:- (a) That the appellant agrees for disposal of the present Miscellaneous Appeal No. 442 of 2022 affirming the order passed by in
2/4 Matrimonial Case No. 207 of 2011.
(b) That in consideration of such disposal and in full and final settlement of all her claims (past, present and future) arising out of marital relationship. The appellant will receive an amount of Rs. 11,00,000/- (Rupees Eleven Lacs Only) from the respondent towards full and final settlement as permanent alimony to give quietus to all future dispute and litigation. The respondent will further pay an amount of Rs. 11,00,000/- (Rupees Eleven Lacs Only) towards the marriage expenses of his daughter namely Puja Pandey. On receipt payment of Rs. 22,00,000/- Lacs (Rupees Twenty Two Lacs Only), the appellant will forego her right to claim any maintenance in future under any enactment.
(c) That the appellant agrees for withdrawal of the Maintenance Case filed by her in the Court of Learned Principal Judge, Family Court, Bhojpur Ara vide Maintenance Case No. 171 of 2017.
(d) That the parties affirm that no further claim, litigations or demands shall be made by either party against the other in any Court of law or before any authority in relation to their matrimonial relationship.
(e) That both the parties have entered into this compromise voluntarily, without any coercion, undue influence or misrepresentation and with
3/4 full understanding of the consequences.
(f) That the appellant undertakes to file the necessary application / affidavit for disposal of the present appeal before this Hon'ble Court upon recording of this compromise."
4. Both counsel further submits that two demand drafts of Rs. 11 lacs each i.e. in total 22 lacs, have been provided in the Court (Demand Draft of Rs. 11 lacs in the name of his wife & Demand Draft of Rs. 11 lacs in the name of his daughter). Counsel further submits that in light of the said compromise, the present miscellaneous appeal be disposed of.
5. This Court, after perusing the compromise petition jointly filed by the parties, disposes of the present miscellaneous appeal in terms of the said compromise. According to the terms of compromise, the order passed by the Principal Judge, Family Court, Bhojpur at Ara in Matrimonial (Divorce) Case No. 207 of 2011 is hereby affirmed. Two demand drafts of 11,00,000/- ₹ each have been handed over to the appellant in Court. Out of these, one demand draft represents the full and final settlement amount towards permanent alimony payable to the wife. It has further been agreed that all pending litigations between the parties or their relatives, arising out of their matrimonial relationship, shall be closed. The other demand draft of
4/4 11,00,000/- has been given by the husband (respondent) ₹ towards the marriage expenses of his daughter.
6. The present case is hereby settled in light of the terms of compromise in which permanent alimony amount for the wife has been fixed as Rs. 11 lacs as full and final settlement. The husband (respondent) has paid further Rs. 11 lacs towards marriage expenses of his daughter.
7. It is made clear that the rights of the daughter shall remain unaffected and shall be preserved in accordance with the provisions of Hindu Law.
(Bibek Chaudhuri, J) (Dr. Anshuman, J) Aman Kumar/- U