Rakesh Gupta And Ors vs Priti Gupta And Another

The parties have also been identified and the Principal Registrar has arrived at a conclusion that the parties have arrived at a compromise voluntarily, without any threat, inducement and coercion.

Resultantly, in light of the aforesaid, both the present appeal stand disposed of in terms of the compromise. Paragraph No.6 of the compromise application reads as under:-

"6. This Hon'ble court with order dated 12.03.2019 had appointment Shri R.P. Verma as Mediator and after successful completion of the mediation Compromise has been arrived between the parties, the terms of which are as follows:

a. It is Agreed that appellant (Rakesh Gupta) will withdraw his appeal against decree of Divorce and the same shall be deemed to be confirmed between the parties.

b. It is Agreed that appellant (Rakesh Gupta) will withdraw his appeal against rejection of Application of Section 9 and the same shall be deemed to be confirmed between the parties.

c. It is further agreed that appeal filed by respondent No.1 shall be withdrawn.

d. Husband (Rakesh Gupta) will pay amount towards permanent Alimony to the Tune of Rs.12,50,000/- by two draft bearing No. "018747" (Rs.8,00,000/-) and "018748" (Rs.4,50,000/-) of Bank of India dated 04.07.2019. The balance about of Rs.2,35,000/-granted by the trial court in the impugned judgement along with any outstanding amount of maintain shall be adjusted in the said amount. Copy of both demand draft are annexed hereto and marked as Annexure A/1.

e. It has been agreed that no other amount shall be Outstanding apart from agree amount of Rs.12,50,000/-.

f. We have agreed that the custody of son (Prassana Gupta) would be handed over to Rakesh Gupta on the date of disposal of this case permanently by Preeti Gupta and Rakesh Gupta would be sole custodian of the respondent No.2 (Prassana Gupta).

g. Rakesh Gupta shall bear all the Expenditure to be incurred in the upbringing of his Son Prassana for the life time and he will be sole responsible for his future.

h. Preeti Gupta shall have the right to meet her Son (Prassana Gupta) on 1st Sunday of every Month or nay other day as per convenience of the parities.

i. Case Pending before any court of Law pertaining to the Matrimonial Dispute, Maintenance, Custody shall be withdrawn by the respective parties.

j. The permanent Custody of Son shall be handed over to the father only after the full Payment of agreed amount of Rs.12,50,000/-.

k. As agreed between the parties the time for meeting the child is 12 pm to 5 pm at Police station Khiachipuri as has been directed by this Hon'ble Court in the custody matter case. The meeting shall be once in a month on Sunday or any other day as per prior information by the Preeti Gupta to Rakesh Gupta. A copy of mediation report and copy of Aadhar card are annexed hereto and marked as Annexure A/2 and A/3 respectively.

Let a decree be drawn accordingly in terms of the compromise.