Hon'ble Yogesh Chandra Gupta,J.
1. Smt. Gyanti Devi (the respondent No.1) was married with Sri Deomani. Three children, namely, Smt. Kumkum, Master Pavan Kumar and Miss Rinjhim were born out of wedlock. However, the terms between the parties were not cordial. The respondent No1 along with the children started living separately. They filed a Case No.297 of 1998 for maintenance. This was allowed on 8.4.2008. Hence the present appeal.
2. During the pendency of the appeal, the parties have compromised the matter and filed a joint affidavit sworn on 11th November, 2010. Paragraph Nos. 4 to 7, relevant paragraphs of the compromise, are as follows:
"4. That it is relevant to point out here that respondents no. 3 and 4 are minor and they are living under the Guardianship of their own mother Smt. Gyanti Devi, the respondent no.1 and as such the respondent no.1 is fully competent to under compromise on behalf of respondents no. 3 and 4.
5. That the respondent no.2 Smt. Kumkum had marriage and she is living with her husband and as such she is not entitled for maintenance allowance.
6. That the appellant Deomani Singh possessed more than 4 Bigha's of land and out of aforesaid more than 4 Bigha's, he has agreed to transfer 3 Bigha's of land in favour of his wife Smt. Gyanti Devi by means of registered sale deed. It has been further agreed that the appellant Deomani Singh will be owner of remaining land during his life time but he will have no right either to transfer or execute gift deed or Will deed in favour of any person except his wife Smt. Gyanti Devi and after his death his wife Smt. Gyanti Devi wil become absolute owner of one bigha.
7. That it has been further agreed between the parties that cost of execution of sale deed in favour of Smt. Gyanti Devi shall be bear by the Smt. Gyanti Devi, deponent. "
3. In view of the compromise between the parties, the appeal is decided in terms of the compromise. The joint affidavit sworn on 11th November, 2010 shall form part of the record.
4. With the aforesaid observation, the appeal is disposed of.
Order Date :- 25.5.2011 NS