Gayatri Pandey Alias Munni vs Pramod Kumar Pandey

Sudhanshu Dhulia, J

This first appeal has been filed by the appellant/wife against the judgment and decree dated 03.12.2018 passed by the Judge, Family Court, Nainital, whereby the suit filed by the respondent/husband under Section 13 of the Hindu Marriage Act, 1955 has been decreed.

Meanwhile, during the pendency of the appeal, this Court was informed by the learned counsels for the parties that a settlement can be made and subsequently the matter was referred to the Registrar (Judicial) by this Court 09.04.2019, where the parties have entered into a settlement which has been reduced to writing. The compromise deed reads as under:-

"By the Hon'ble Court's order dated 09.04.2019, both the appellant Gayatri Pandey and respondent Pramod Kumar Pandey appeared before me.

Both the parties have entered into mutual amicable settlement terms whereof are reduced hereunder:-

The judgment and decree dated 03.12.2018 passed by learned Family Court Nainital in Civil Suit No. 277 of 2015, dissolving marriage solemnized between the parties dated 07.06.2011 shall remain intact.

The amount of permanent alimony will be to the tune of Rs.20,00,000/- (Twenty lac) awarded in favour of wife appellant.

Out of the aforesaid amount of Rs.20,00,000/-, (Twenty lac) husband (respondent) Shri Pramod Kumar Pandey will deposit Rs.5,00,000/- (five lacs) within fifteen days from today in the account of Gayatri Pandey(appellant)bearing account No.000134001006244, IFSC Code YESBONDCBO1, name of the Bank, Nainital District Cooperative Bank, Haldwani.

Rest amount of Rs.15,00,000/-(Fifteen lacs) will be paid by respondent husband within next three months in the same account of Gayatri Pandey (appellant) No.000134001006244 and IFSC Code YESBONDCBO1, name of the Bank, Nainital District Cooperative Bank, Haldwani.

Appellant Gayatri Pandey from the date of depositing the initial amount of Rs.5,00,000/- will not be entitled for getting the monthly maintenance of Rs.27,000/- in her favour awarded by this Hon'ble Court vide its order dated 13.01.2017, in Criminal Revision No. 171 of 2016 titled as Smt. Gayatri Pandey (Munni) Vs. Pramod Kumar Pandey. Respondent has cleared the balance monthly maintenance of Rs.27,000/- upto March 2019. Further, in future also after getting the entire permanent alimony amount she will be not entitled for any other maintenance.

Parties will bear their own cost.

The aforesaid terms which are reduced in writing herein above have been duly read over and understood by both appellant and respondent and both agree to be abide by aforesaid terms and both parties put their respective signature on this mutual settlement in the presence of their counsels today i.e. 09.04.2019 before me."

The settlement which has been reached between the parties before the Registrar (Judicial) bears the signatures of both the parties as well as of their counsels.

As per the compromise deed, which has been reached between the parties, the respondent/husband has to pay a permanent alimony of Rs.20,00,000/- (Rupees Twenty Lakh Only) to the appellant/wife, out of which, an amount of Rs.5,00,000/- (Rupees Five Lakh Only) has to be paid within a period of fifteen days and the remaining amount of Rs.15,00,000/- (Rupees Fifteen Lakh Only) within a period of three months thereafter.

This Court has been apprised by the learned counsels for the parties that subsequent to the aforesaid compromise which has been reached between the parties, the entire amount of Rs.20,00,000/- (Rupees Twenty Lakh Only) has been paid 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 is decreed in terms of the compromise which shall be a part of the decree.

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