Saturday, August 2, 2014

Husband to pay 3lakh alimony after winning cruelty & desertion divorce 9 years ago! Hon P&H HC


Husband to pay 3lakh alimony after winning cruelty & desertion divorce 9 years ago! Hon P&H HC

* husband on 18.12.2003 filed a petition seeking dissolution of the marriage by a decree of divorce on ground of desertion and cruelty.
* The petition of husband was allowed by the learned Additional District Judge, Moga vide judgment and decree dated 02.05.2005
* and the marriage between the parties was dissolved by a decree of divorce.
* wife appeals
* wife gets Rs 3 Lakhs as permanent alimony in mediation / negotiations

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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

F.A.O. No.162-M of 2005 (O&M)

Date of Decision: 28.07.2014

Urmila Devi ....Appellant

v.

Saudesh Kumar ....Respondent

CORAM: HON'BLE MR. JUSTICE S.S. SARON

HON'BLE MS. JUSTICE NAVITA SINGH

Present: Mr. B.S. Bhalla, Advocate for the appellant. Mr. P.S. Singla, Advocate for the respondent.

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S.S. Saron, J.

C.M. No.14467-CII of 2014

C.M. No.14467-CII of 2014 has been filed for fixing the appeal for actual date of hearing and for payment of Rs.2 lacs to the appellant-wife as per compromise dated 23.04.2014 which was arrived at between the parties in Mediation and Conciliation Centre. Notice of C.M.

Mr. B.S. Bhalla, Advocate for non-applicant-appellant accepts notice. He has no objection to the appeal being taken up for hearing today itself.

Accordingly, the appeal is taken up for hearing.

The marriage between the parties was solemnised according to Hindu rites and ceremonies at Yakkopur Kalan, Tehsil Shahpur District Jalandhar on 14.10.1996. After marriage, the parties resided together at Village Chuhar Chak, Teshil and District Moga. They resided together for two years and from the marriage, they had a child who died few months after birth. Due to matrimonial disputes between the parties, the respondent- husband on 18.12.2003 filed a petition seeking dissolution of the marriage between the parties by a decree of divorce on the ground of desertion and cruelty. The petition of the respondent-husband was allowed by the learned Additional District Judge, Moga vide his judgment and decree dated 02.05.2005 and the marriage between the parties was dissolved by a decree of divorce. The appellant-wife aggrieved against the same filed the present appeal.

Notice of motion was issued on 04.07.2005. The parties were present in Court on 09.03.2006. The appellant had agreed to return to the respondent and the respondent also agreed to keep her happily. The case was adjourned to 20.04.2006 to await the outcome of the reunion. However, the parties again fell apart. They were again present on 24.04.2006. The appellant was willing to accompany the respondent- husband, who had no objection. Brother of the appellant, namely, Jaswinder Pal Singh, it was stated was interfering in the matrimonial life of the appellant. He was directed to keep away from the matrimonial house of his sister till the next date of hearing. Other criminal proceedings said to be initiated were also stayed. Ultimately the parties were directed to appear in Mediation and Conciliation Centre of this Court vide order dated 23.01.2014. In the Mediation and Conciliation Centre, a settlement/ compromise was reached at between the parties on 23.04.2014 which was recorded in writing signed by both the parties, the relatives of the parties and their counsel as well. It was inter-alia agreed that the respondent- husband will pay a total lump sum amount of Rs.3 lacs towards maintenance and permanent alimony. The payment of Rs.1 lac was to be paid on 08.05.2014 and demand of draft of Rs.2 lacs was to be paid on 08.07.2014. The appellant had agreed to withdraw the present appeal on the receipt of second and final instalment, i.e. on 08.07.2014. She had also undertaken to withdraw the petition under Section 125 of the Code of Criminal Procedure titled "Urmila Devi v. Saudesh Kumar" pending in the Court of learned Judicial Magistrate Ist Class, Nakodar within a week from the date of payment of the amount. Both the parties also agreed that they shall not file initiate/ pursue any pending further civil and criminal litigation of any kind whatsoever arising out of the matrimony between the parties or their respective family members. It is admitted by learned counsel for the appellant that an amount of Rs.1 lac has been received by the appellant. Learned counsel for the respondent has tendered draft No.183175 dated 07.07.2014 drawn on Union Bank of India, S.D. Secondary School, Moga for an amount of Rs.2 lacs in favour of Urmila Devi - appellant. The said draft has been handed over to learned counsel for the appellant, who has accepted the same on behalf of the appellant. Learned counsel for the appellant submits that in terms of the compromise, the appeal may be dismissed as withdrawn. Accordingly, the appeal is dismissed as withdrawn. The parties shall remain bound by the terms and conditions mentioned in the compromise. There shall be no order as to costs.

( S.S. SARON )
JUDGE

( NAVITA SINGH )
JUDGE

July 28, 2014




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