High Court of Punjab and Haryana, Chandigarh
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Sangeeta v. Sunil Kumar - FAO-243-2004  RD-P&H 4164 (14 July 2006)
F.A.O. NO. 243-M OF 2004
DATE OF DECISION: July 6, 2006.
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE PRITAM PAL
PRESENT: Mr. R.S. Bajaj,
Advocate, for the appellant.
Mr. Vineet Sharma, Advocate,
for the respondent.
It is a matrimonial dispute. Court below vide judgment and decree dated September 28, 2004, has allowed application of the respondent husband under Section 13 of the Hindu Marriage Act, 1955, and granted decree of divorce, dissolving marriage between the parties.
Wife has come in appeal. During pendency of this appeal, dispute was settled amicably between the parties and on February 23, 2006, following order was passed by this Court:
"Sunil Kumar, respondent is present in person.
According to learned counsel for the appellant, talks for an out of Court settlement had taken place last week and Rs. 4.00 lacs was settled as the amount of permanent alimony to be paid by respondent Sunil Kumar to appellant-Sangeeta, whereafter the wife shall not pursue the appeal against the decree of divorce that has been granted to the parties. Furthermore, Sangeeta shall also withdraw the complaint filed by her under Section 406/498-A of the Indian Penal Code as well as application filed under Section 125 Cr.P.C. or any other civil or criminal proceedings that may have been instituted by her. It has further been agreed that Sangeeta shall continue to keep the custody of two children."
Counsel for the parties state that thereafter they have entered into a compromise containing different terms and conditions than the one, as referred to above. Original compromise has been produced in Court, which has been taken on record as Ex. C1. Rs. 2,00,000/- in the shape of demand drafts in the name of the appellant wife has been handed over to her by counsel for the respondent. Counsel for the respondent undertakes that the remaining amount shall be paid as per terms and conditions of the agreement Ex. C1. Appellant and the respondent both have accepted the authenticity and correctness of the compromise, referred to above.
Appellant states that in view of the compromise, she wishes to withdraw her appeal. In view of statement made by the appellant, this appeal is ordered to be dismissed as withdrawn. Parties are directed to comply with the terms and conditions of the agreement, referred to above.
July 6, 2006. ( Jasbir Singh )
( Pritam Pal )
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