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MRS.MEENAKSHI versus SANJEEV KUMAR

High Court of Punjab and Haryana, Chandigarh

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Mrs.Meenakshi v. Sanjeev Kumar - FAO-102-M-1999 [2007] RD-P&H 74 (8 January 2007)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO No.102-M of 1999(O&M)

Date of Decision: 10.1.2007

Mrs.Meenakshi

Appellant

versus

Sanjeev Kumar

Respondent

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Rakesh Nagpal, Advocate for the appellant Shri S.C.Chhabra, Advocate for the respondent Jasbir Singh, J. (Oral)

The application No.10-CII of 2007 has been moved with a prayer to direct the appellant to accept balance amount of alimony, to be paid by the respondent. Shri Chhabra has handed over a demand draft of Rs.3 lac in the name of the appellant to her counsel. The applicant is also present in Court. She has accepted that draft. In view of this, the application stands disposed of and on the asking of counsel for the parties, appeal is taken up for hearing.

Counsel for the parties heard.

It is apparent from the records that on an application moved under Section 13 of the Hindu Marriage Act, 1955 (in short, the Act) by the respondent, decree of divorce, dissolving marriage between the parties, was passed by the Court below on 1.6.1999. Appellant came in appeal and during pendency of appeal, the parties have settled their disputes, a written compromise was taken on record as mark CI on 30.8.2006. On the date mentioned above, this Court passed the following order:- "On 23.8.2006, the case was adjourned to reduce the terms of agreement into writing. Since the matter between the parties has been settled amicably, a draft in the sum of Rs.2,00,000/- had been handed over by the respondent to the appellant's counsel on 23.8.2006. The appellant is present in person in Court and acknowledges receipt of the said draft.

Both the counsel now submit that compromise between the parties has been reduced into writing. A copy of the said compromise deed is handed over in the Court and the same is taken on record. The same is marked as `C-I'. As per the terms of the compromise, the respondent has agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lacs) to the appellant as permanent alimony and the same shall be paid by 31.12.2006.

It has also been agreed that in case there is any default in payment by the said date, then the remaining amount would be liable to be paid along with interest at the rate of 12 per cent per annum for the period it is delayed. The parties have also agreed to withdraw their litigations pending between them; criminal or civil in nature. They have further agreed to end this marriage by way of mutual consent and in this regard they have agreed to file a petition under Section 13-B of the Hindu Marriage Act. It will be seen at the appropriate time if the need of filing a fresh petition is there or not and whether any order can be passed by this Court in the present appeal.

Since only a part payment has been made by the respondent and he is yet to pay the remaining amount, it will be in the interest of justice to adjourn this case so that the remaining terms of this compromise are implemented.

On the request of counsels, adjourned to 10.1.2007 for further proceedings."

Both appellant and the respondent are present in person and they have stated that no dispute remains between the parties. Respondent further states that he withdraw all the allegations which he has levelled against the appellant in this litigation. Both have further agreed that the decree of divorce already granted, shall be deemed to have been passed under the provisions of Section 13B of the Act. It has further been agreed between the parties that the terms of the compromise be read as part of the decree sheet.

In view of compromise arrived at between the parties, this appeal is disposed of with a modification in the judgment and decree, under challenge, that the allegations levelled by the respondent against the appellant, in this litigation, stands withdrawn and further that the decree of divorce, already granted on 1.6.1999, shall be deemed to have been passed under Section 13B of the Act and further that terms and conditions of the compromise mark CI, shall be read as part of the decree sheet. As per compromise, the appellant shall withdraw all the pending cases against the respondents on or before the date fixed before the courts concerned.

January 10, 2007 ( Jasbir Singh )

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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