Navpreet Singh Baath vs Mitali Baath

Ramesh Ranganathan, CJ

This appeal is preferred by the husband-appellant, under Section 19 of the Family Court Act, against the judgment and decree passed by the

Principal Judge, Family Court, Dehradun in O.S. No.1099 of 2017 dated 05.10.2019 dismissing the appellant-petitioner’s petition, under Section 13

of the Hindu Marriage Act, seeking dissolution of their marriage.

During the pendency of this appeal, both parties have entered into a compromise in terms of which they have agreed to get their marriage,

solemnized on 06.11.2011, dissolved by a decree of divorce subject to the following conditions:

“That the first party shall pay and the second party will receive an amount of Rs.35,00,000/- (Rupees Thirty Five Lakhs) as lumpsum full and final

settlement amount/permanent alimony before, at the time of and after divorce decree in the following manner:-

a. Rs.3,00,000/- (Rupees Three Lakhs) in cash on 04.07.2020.

b. Rs. 10,00,000/- (Rupees Ten Lakhs) by cheque deposit in the account of second party on 04.07.2020.

c. Rs.6,00,000/- (Rupees Six Lakhs) by RTGS in the account of Sonali Thapa, real sister of the second party on 04.07.2020.

d. Rs.15,00,000/- (Rupees Fifteen Lakhs) at the time of sale deed mentioned below.

e. Rs.1,00,000 (Rupees One Lakh) within a period of one year of divorce decree.

That the first party had purchased a plot of land situated in Village Sungaon, Tehsil Rishikesh, area 958 sq. in the name of the second party in the year

2014. The said plot of land will be sold and the sale consideration of Rs.15,00,000/- (Rupees Fifteen Lakhs) received from the sale thereof will be paid

to the second party. The said amount, as mentioned above in Paragraph 3(d) will be adjusted from the total settlement/alimony amount of

Rs.35,00,000/- (Rupees Thirty Five Lakhs) to be paid by the first party to the second party. The said sale will be made in a period of next five

weeks.â€​

Parties have also agreed that, subsequent to payment of the said amount, the second party would have no claim of maintenance, alimony etc against

the first party, or on his movable or immovable properties in any manner, in future. The compromise agreement also records that parties have

exchanged clothes and other items, and acknowledged receipt thereof.

In terms of the aforesaid compromise, a sum of Rs.19,00,000/- (Rupees Nineteen Lakhs) has already been paid by the appellant to the respondent.

While, in terms of the compromise agreement, Rs.15,00,000/- (Rupees Fifteen Lakhs) is required to be paid by the appellant to the respondent in the

next five weeks, the balance sum of Rs.1,00,000/- (Rupees One Lakh) is required to be paid only one year after the decree of divorce.

When we expressed our disinclination to grant such a long time for payment, Mr. Siddhartha Singh, learned counsel for the appellant, would submit

that this Court may grant a decree of divorce on condition that the decree would come into force on payment of the entire balance amount of

Rs.16,00,000/- (Rupees Sixteen Lakhs).

Both the appellant and respondent are present before us today, and have been identified by their respective counsel Mr. Siddhartha Singh and Mr.

Ravi Bisht. Both parties acknowledge having signed this compromise, and agree to abide by the terms and conditions stipulated therein, subject to any

modification thereof in the order now passed by us.

We consider it appropriate, in such circumstances, to direct that the marriage of the appellant and the respondent shall stand dissolved on the

appellant making payment, of the balance agreed sum of Rs.16,00,000/- (Rupees Sixteen Lakhs), to the respondent; and on both parties filing a joint

memo, in Court, enclosing thereto proof of having made and received such payment.

The First Appeal is disposed of in terms of the aforesaid order. No costs.