Ekta Bisht vs Anand Singh Bisht

Sudhanshu Dhulia, J

This first appeal has been filed by the appellant/wife against the judgment and decree dated 26.02.2013 passed by Judge, Family Court, Nainital, whereby the suit filed by the respondent/husband under Section 13 of the Hindu Marriage Act, 1955 has been decreed on grounds of desertion as well as cruelty.

Meanwhile, during the pendency of the appeal, this Court was informed by the learned counsels for the parties that settlement can be made and subsequently the matter was referred by this Court on 11.03.2019 to the Registrar (Inspection), where the parties have entered into a settlement which has been reduced to writing. The compromise deed reads as under:-

"On behalf of appellant- Smt. Ekta Bisht, her counsel Mr. B.S. Parihar is present. On behalf of respondent Sri Anand Singh Bisht, his Counsel Mr. Navnish Negi is present.

Hon'ble Court vide order dated 11.03.2019, referred the aforesaid matter with the direction to submit the report in the Hon'ble Court as per the compromise.

Appellant Counsel Mr. B.S. Parihar and respondent Counsel Mr. Navnish Negi have submitted that parties are ready to settle their dispute amicably on the following terms and conditions that:-

1- The respondent- Anand Singh Bisht is ready to pay Rs.18,00,000/- (Rs.Eighteen Lakhs), one time settlement amount to the applicant-Smt. Ekta Bisht as her permanent alimony.

2- The amount of alimony of Rs.18,00,000/- (Rs.Eighteen Lakhs) shall be paid by the respondent Sri Anand Singh Bisht to Smt. Ekta Bisht in the following manner.

(i) The amount of Rs.5,00,000/- (Rs.Five Lakhs) shall be paid within 15 days from today.

(ii) The amount of Rs.6,00,000/- (Rs.Six Lakhs) shall be paid within 45 days and

(iii) The remaining balance amount shall be paid within three months.

3- The applicant and respondent are ready to withdraw all the cases pending between them before different courts unconditionally.

4- It is agreed between the parties that the custody of the daughter shall be with Smt. Ekta Bisht (wife) and Sri Anand Singh Bisht (father) of the daughter will be free to meet his daughter at any time. Appellant Smt. Ekta Bisht shall bear all the expenses regarding education etc. of the daughter of the parties till she attains majority.

5- The amount which is to be paid in lieu of one time settlement (permanent alimony) shall be paid by Sri Anand Singh Bisht (respondent) by way of Demand Draft or shall be deposited into the account of Smt.Ekta Bisht (Account No.33053301648) SBI Main Branch, Haldwani, District Nainital.

6- Now, there is no dispute between the parties. So, both the parties shall live peacefully and respect each other in future.

7- The parties through their counsel have settled their dispute with their free will without any fear, undue influence and coercion from any side."

Consequently, after the settlement was reached between the parties, this Court vide order dated 12.03.2019 asked the respondent to show his bona fide and directed him to give a demand draft of Rs.8,00,000/ (Rupees Eight Lakhs Only) in the name of his daughter- Ms. Divya and the matter was directed to be listed on 28.03.2019. On 28.03.2019, the respondent had come with a cheque of Rs.18,00,000/-(Rupees Eighteen Lakhs Only) and the same was handed over to the learned counsel for the appellant.

Appellant is present in person before this Court today. She has apprised this Court that she has received an amount of Rs.18,00,000/- (Rupees Eighteen Lakhs Only) as full and final settlement. Although the period within which this amount was to be paid by the respondent was three months, however, by now the respondent has paid the entire amount of Rs.18,00,000/- (Rupees Eighteen Lakhs Only) to the appellant/wife.

After hearing the parties and after perusal of the compromise deed, this Court is satisfied that an agreement has reached between the parties in terms of Order 23 Rule 3 of CPC. The suit which has been decreed shall be read along with the terms of the compromise, which will be a part of the decree.

In view of the above, the first appeal stands decided accordingly.