U.V.Anumod v. T.Rajitha Kumari

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** FAT/3/2021 U.V.Anumod Vs.

T. Rajitha Kumari Mr. KMB Jayapal ... for the appellant Mr. Arul Prasanth ... for the respondent August 24, 2023 [SR] Item No.7 Leave is granted to the parties to delete the last portion of the last sentence of paragraph no. v at page 4 of the solenama petition signed by both the parties on 24th August, 2023. The portion "under the pretext of welfare of minor daughter Kumari A.R.Anashwara" is to be deleted. The deletion is counter signed by both the parties and their respective counsels.

The parties agree to dissolve the marriage and to sever their marital tie on the terms and conditions as mentioned in the solenama petition set out herein below.

"i.

The Appellant herein agreed to pay a total sum of Rs. 40,00,000.00 (Rupees forty lakhs only) as full and final settlement in the form of Permanent Alimony to be paid for his daughter Kumari. A.R. Anashwara who is a minor and who is presently under the custody of the Respondent herein.

The Respondent herein has completely given up/forgo Permanent alimony and would not claim any money against the Appellant herein in future in any form. The said agreed sum of Rs. 40,00,000.00 (Rupees forty lakhs only) would be paid within a period of three years from the date of decree of

dissolution of the marriage between the Appellant herein and Respondent herein with an interval of one year each at the rate of Rs. 15,00,000 (Rupees fifteen lakh only) for the First Two year i.e 2023 and 2024 and Rs, 10,000,00 (Rupees ten lakhs only) for third and final year i.e 2025. ii.

The Appellant herein shall pay the said sum of Rs. 40,00,000.00 (Rupees forty lakhs only) in the manner as agreed upon mutually above at the first instance in the form of a Post-dated Cheque vide No. 361479 (Account No. 30139446807) dated 06.09.2023 of State Bank Of India, Main Branch for an amount of Rs. 15,00,000.00 (Rupees fifteen lakhs only) drawn in the name of the minor daughter 'Kumari A.R. Anashwara' being the first phase of part Payment towards permanent alimony which the respondent herein shall acknowledge upon issuing proper receipt. The Appellant herein thereafter shall pay 15,00,000.00 (Rupees fifteen lakhs only) in cheque for the month of September, 2024 being the second spell of payment Towards permanent alimony and lastly for Rs. 10,00,000.00 (Rupees ten lakhs only) in cheque for the month of September, 2025 being last and final payment as Permanent Alimony for which the respondent herein shall acknowledge proper receipts. Towards security, the Appellant herein shall furnish and handover post -dated cheques vide No. 361480 (account No.

30139446807) and 361481 (Account No.

30139446807) dated 06.09.2024 and 06.09.2025 respectively of State Bank Of India, Main Branch drawn for Rs. 15,00,000.00 (Rupees fifteen lakhs only) and Rs. 10,00,000 (Rupees ten lakhs only) respectively in the name of Minor daughter 'Kumari A.R.Anashwara'. iii.

The Respondent herein shall not put any kind of obstruction and/or impediment in the event the minor daughter 'Kumari A.R. Anashwara' needs a visitation with the Appellant herein/father as and when Minor/ appellant desires and shall also not put any kind of

hurdle to conversation in between Appellant herein and the said minor daughter 'Kumari. A.R. Anashwara' as and when Minor/ appellant desires.

iv.

The Appellant herein shall in addition to and above Rs. 40,00,000.00 (Rupees forty lakhs only) as agreed SUPRA shall pay Rs. 15,000.00 (Rupees fifteen thousand only) per month for the said minor daughter 'Kumari A.R. Anashwara' which shall commence from September, 2023 and Appellant shall be paying the said Monthly allowance to his said daughter on 7th of every succeeding month until she get marry or she is employed in a service whichever is earlier.

v.

The Respondent herein shall not proceed with all the proceedings Viz: case under Section 9 Hindu Marriage Act (Marked and Registered as Matrimonial Suit No. 160 of 2022 in the File of Family Judge, Andaman and Nicobar Islands, Port Blair) (For Restitution of conjugal right) (pending before the Family Court, Andaman and Nicobar Islands, Port Blair) including proceeding under section 125 of the Code of Criminal Procedure 1973 and any proceeding under the Domestic Violence Act, 2005. With the grant of decree of Divorce, all those proceeding would stand terminated and Ld. courts below would record just a formal order based on the present 'Solenama' only for the purpose of disposing the respective case files. The Respondent herein shall also Forego and/or Waive and/or Abandon all her right over the property, both Movable and Immovable, to be held by the Appellant herein in any manner in future. The Respondent herein shall not claim any right whatsoever over the properties, both movable and immovable, which the Appellant herein is likely to inherit in future.

vi.

The Respondent herein shall immediately after termination of the marital tie would take all endeavor to delete and/ or expunge the name of the Appellant herein from her service record in the family declaration as her 'Husband'".

In view of the settlement arrived at in between the parties, the marital tie between the parties stand severed on and from today (24-08-2023) and the marriage of the parties solemnized on 1st May, 2005 is dissolved.

The impugned judgment and decree dated 29th December, 2020 in Mat. Suit No. 51 of 2017 (Old No. 73 of 2014) is accordingly set aside.

Let decree of divorce be drawn up expeditiously. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J. ) ( Ananya Bandyopadhyay, J.)