Mamta Sahu vs Kamta Prasad Sahu

Heard.

The present appeal bearing FAM No. 62 of 2019 is by the wife against the judgment and decree dated 31.01.2019 by the learned Third Additional District Judge, Balodabazar wherein decree of divorce was granted in favour of the husband dissolving the marriage dated 29.04.2017.

During the pendency of the appeal parties have agreed to settle their dispute and the terms of compromise has been arrived at between the parties. Wife has filed an application for withdrawal of the present appeal thereby she consented for grant of divorce.

The husband has also filed an appeal bearing FA (MAT) No. 44 of 2020 against the judgment dated 20.12.2019 passed in Guardian and Ward Act by the learned Family Court whereby the custody of the child Pankaj Sahu @ Rishabh was sought for.

The withdrawal application filed by the wife in FAM No. 62 of 2019 contains the conditions of settlement which are reproduced herein below:-

" Condition No. 1:- That the respondent (Kamata Prasad Sahu) will give a Rs. 8,00,000/- (Rupees Eight Lakh) through demand draft in the name of his son namely Priyanshu Sahu@ Pankaj sahu@ Rishabh Sahu, who is living with his mother (appellant). That after payment of Rs. 8 Lakh the appellant would not be responsible for any current expenses and future expenses what so ever arises in respect of Pankaj Sahu @ Rishabh Sahu. Neither the appellant nor Priyanshu Sahu @ Pankaj Sahu @ Rishabh Sahu would be entitled to claim any right against the ancestral property or self acquired property of the respondent, existing today and may accrue in future in the name of the respondent.

Condition No. 2 :- That the appellant will withdraw following cases pending against the respondent:-

• F.A. (M) No. 62 of 2019, pending before the Hon'ble High Court of C.G. and will accept the judgment and decree of divorce dated 31.01.2019 passed by the learned Third Additional District Judge, Balodabazar, District Balodabazar- Bhatapara (C.G.) in Civil Suit No. (H.M.A.) 53-A/2014.

• Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, filed before Judicial Magistrate First Class, Kotma, Distrct Anuppur (M.P.) in a Misc. Criminal Case No. 52/14. The respondent will not seek execution of order passed in Misc. Criminal Case No. 52/14 and the respondent will not be liable to pay any amount arising from the order passed in Misc. Criminal Case No. 52/14 including arrears of award/ payment, existing as on today.

• Criminal Appeal No. 13/2016 pending consideration before the Additional Session Judge, Kotma, District Anuppur (M.P.) arising out of order passed in Misc. Criminal Case No. 52/14. The respondent will not seek execution of order passed in Criminal Appeal No. 13/2016 and the respondent will not be liable to pay any amount arising from the order passed in Criminal Appeal No. 13/2016, including arrears of award/ payment, existing as on today.

• The respondent will not be forced to pay the amount of maintenance passed by the family court, District Balodabazar, C.G. on 29.09.2022, in Misc. Criminal Case No. 478/2019. As per the order dated 29.09.2022 the respondent has been ordered to pay Rs. 5,000/- p.m. to Priyanshu Sahu till he attains the age of maturity. Further, the appellant will not file any appeal against the order dated 29.09.2022 passed by the Family court, District Baloda-Bazar (C.G.) question the disallowance of maintenance passed against her claim.

• That the appellant and Priyanshu Sahu @ Pankaj Sahu @ Rishabh Sahu will not file any application for maintenance against the respondent, before any court under any law.

• All and any other complaints filed against the respondent before any Police authority, Court, Forum, Mahila Ayog, known and not known to the respondent will be withdrawn by the appellant with immediate effect and no will not be pursued by the appellant under any circumstances.

• Condition No. 3:- That the respondent will withdraw the pending F.A. (m) No. 44 of 2020 (Kamta Sahu V/s Mamta Sahu and Anr.) pending before this Hon'ble High Court."

Perusal of the conditions show that Rs. 8,00,000/- through demand draft is to be given to the wife in the name of the son and different litigations which are described in the withdrawal application pending before different courts would be settled.

Both the parties along with their respective advocates are present in person before the court and demand draft of Rs. 8,00,000/- is handed over to the wife in the name of son Priyanshu Sahu @ Rishabh Sahu @ Pankaj Sahu. Both the parties agreed to settle the dispute and do not want to further prosecute the respective appeals. Parties do not dispute the fact that name of their son is also known as Priyanshu Sahu.

In view of the agreement entered in between the parties, demand draft of Rs. 8,00,000/- is handed over to the wife ( Mamta Sahu).

Accordingly, FAM No. 62 of 2019 filed by the wife and FA (MAT) No. 44 of 2020 filed by the husband both the appeals are disposed off as withdrawn in terms of the conditions mentioned in the withdrawal application filed by the wife.

Accordingly, Judgment and decree dated 31.01.2019 passed by the learned Third Additional District Judge, Balodabazzar in Civil Suit No. 53-A/2014 is affirmed likewise for the custody of the child which is given to the mother by order dated 20.12.2019 is also affirmed.

Decree be drawn accordingly and the agreement entered in between the parties as mentioned in the withdrawal application filed by the wife would be a part of the decree.