Court No. - 44
Case :- FIRST APPEAL No. - 557 of 2021 Appellant :- Smt. Meena Shukla Respondent :- Man Mohan Shukla Counsel for Appellant :- Aashish Shrivastava,Arvind Kumar Yadav,Atul Yadav Counsel for Respondent :- Arun Kumar Pandey,R. Dwivedi
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Krishan Pahal,J.
Both the parties are personally present in the Court and are represented by their counsels.
This is wife's appeal against the decree of divorce passed on 30.3.2009. During the pendency of the present appeal, the parties have appeared before us personally on 18.10.2021 in Chamber and the proceedings of conciliation were conducted on the said date. Both the parties had shown their willingness to enter into an amicable settlement. The matter was, therefore, adjourned on that day.
Today, a joint notarized affidavit of Smt. Meena Shukla (appellant) and Sri Man Mohan Shukla (respondent) has been filed, which is taken on record.
It is stated therein that the parties have entered into a compromise, the terms of which have been narrated in paragraphs '2' of the affidavit which reads as under:-
"2.(i) The deponent no.-2 namely Man Mohan Shukla is agree to pay Rs. 8,00,000/- (Rs. Eight Lacs only) towards permanent alimony to the deponent no.-1 namely Meena Shukla, which she is ready to accept.
(ii) Upon the aforesaid acceptance of the condition, the deponents are ready for decision of the instant first appeal in terms of the compromise and they are ready to end their relationship of husband and wife accordingly and there shall be no demand in future of any kind whatsoever by the deponents with each other.
(iii) The deponents are ready for making the instant joint affidavit as a part of the decree with the same terms and conditions as accepted by them herein above."
In terms of the said compromise, a Bankers Cheque No. "175000" of State Bank of India (S.B.I.) dated 25.10.2021 for an amount of Rs. 8,00,000/- towards permanent alimony has been received by the appellant Smt. Meena Shukla. A photo copy of the Bankers Cheque has been kept on record. The endorsement with regard to the receipt of the same has been taken on the order sheet.
Considering that the compromise arrived between the parties lays down the terms and conditions of the amicable settlement and both the parties are agreeable to end their matrimonial alliance, we dispose of the present appeal in terms of the compromise.
We may note the Condition no. 2(ii), wherein it is stated that there shall be no demand in future for any kind whatsoever by the deponents with each other.
We, thus, observe that any pending proceeding with regard to the demand of alimony/maintenance before any court of law would abide by the compromise.
The appeal is, thus, decided finally in terms of the compromise.
Order Date :- 28.10.2021 Brijesh