Sunil Kumar Agarwal vs Smt. Paras Agarwal

This appeal on behalf of the appellant-husband has been filed assailing the order dated 19.01.2017 of the Family Court, Alwar, whereby the Family Court allowed the application of the respondent-wife, being Civil Miscellaneous Application No.8/2015 under Section 24 of the Hindu Marriage Act, and ordered the appellant-husband to pay monthly maintenance allowance of Rs.10,000/- to her starting from February, 2015, when the application was filed, and shall continue to pay the same till final disposal of the Original Civil Miscellaneous Application No.136/2014 - Sunil Kumar Vs. Smt. Paras Agarwal. That monthly maintenance allowance was in addition to the monthly interim maintenance of Rs.10,000/- awarded in the proceedings under Section 125 of the Code of Criminal Procedure.

The parties appeared before this Court on 27.05.2019. They, with the persuasion of their respective learned counsel, have agreed to settle the dispute and obtain a decree of divorce by mutual consent on the appellant-husband paying permanent alimony in the sum of Rs.10,00,000/- (Rupees ten lakh only) to the respondent-wife and on investing a sum of Rs.15,00,000/- (Rupees fifteen lakh only) in the fixed deposit receipt in the name of their son Sparsh Agarwal. Both the parties also agreed to withdraw the cases, which are pending before different courts filed by them against each other. The matter was ordered to be listed today, i.e. 30.05.2019.

Both the parties, i.e. appellant-husband Sunil Kumar Agarwal and respondent-wife Smt. Paras Agarwal, are present in the court. They have put their signatures on the order-sheet of the file. They have been identified by their respective counsel.

The parties have pointed out the cases pending between them, which are, (1) Case No.136/2014 (Divorce Petition) - Sunil Kumar Agarwal Vs. Smt. Paras Agarwal, pending in the Family Court, Alwar, (2) Case No.377/2015 - Smt. Paras Vs. Sunil Kumar Agarwal pending in the Family Court, Alwar, (3) Case No.8/2015 - Smt. Paras Agarwal Vs. Sunil Kumar Agarwal, pending in the Family Court, Alwar, (4) Case No.440/2013 - Smt. Paras Vs. Sunil Kumar Agarwal and Others, pending in the Court of Civil Judge & Judicial Magistrate No.2, Alwar, and (5) Case No.67/2013 pending in the Court of Chief Judicial Magistrate, Alwar, arising out of F.I.R. No.127/2012, Police Station N.E.B. Alwar, for offence under Sections 452, 354, 523, 341 and 34 of the Indian Penal Code. The parties have agreed that the aforesaid cases or any other case pending between them shall be withdrawn by them within next thirty days after receipt of the copy of this judgment.

In compliance of the terms of the mutual agreement, the appellant-husband has today handed over in the Court today a Cheque No.350859 dated 29.05.2019 amounting to Rs.10,00,000/- in the name of Smt. Paras Agarwal, to the respondent-wife. This amount shall be taken as permanent alimony to the respondent-wife towards full and final settlement and the respondent-wife has agreed not to claim any further amount from the appellant-husband.

The appellant-husband submits that the fixed deposit receipt in the name of their son Sparsh Agarwal, aged 17 years, amounting to Rs.15,00,000/- (Rupees fifteen lakh only) cannot immediately be prepared because Sparsh Agarwal does not have permanent account number (PAN) issued in his name. However, the appellant-husband submits that he shall transfer the amount of Rs.15,00,000/- (Rupees fifteen lakh) in the SB account No.50338521665 of Sparsh Agarwal, which is with the Allahabad Bank with IFSC 2347628 and MICR Code ALLA0210430, situated at 584-585, Kamal Deep Building, Vivek Vihar, Scheme No.10, Near Jain Mandir, Alwar (Rajasthan) on the condition that the said amount may not be allowed to be withdrawn and should only be invested in fixed deposit receipt (FDR) for a minimum period of five years till their son Sparsh Agarwal become mature to take his own decision. In the meantime, the respondent-wife may process for obtaining the PAN in the name of Sparsh Agarwal and after obtaining the same, submit it to the Manager of the Allahabad Bank for investing the amount of Rs.15,00,000/- in the FDR.

The appellant-husband shall transfer the amount of Rs.15,00,000/- by RTGS in the SB account of their son Sparsh Agarwal within a fortnight from today. On deposit of the said amount by way of transfer by the appellant-husband, the Branch Manager shall not allow the said amount or any part thereof to be withdrawn or otherwise diverted to any other account. On submission of the PAN of Sparsh Agarwal, the Branch Manager of the Allahabad Bank shall invest the said amount in the FDR for a period of five years.

Learned counsel for the respondent-wife submits that Sparsh Agarwal is preparing for admission to Indian Institutes of Technology (I.I.T.) and also planning for higher studies abroad, which would require continuous financial support, therefore, the Allahabad Bank may be instructed to pay him accrued quarterly interest on the FDR in his SB account, so that the expenses of his studies can be borne out of that amount. The appellant-husband has not objected to this. Therefore, the Branch Manager of the Allahabad Bank is directed to disburse the amount of quarterly interest on the FDR of Rs.15,00,000/- in the SB account of Sparsh Agarwal and allow him to withdraw the same.

Both the parties, on the aforesaid conditions, have jointly submitted that a decree of divorce by mutual consent be granted to them by converting this appeal into one under Section 13B of the Hindu Marriage Act, 1955 as they have been staying separately from each other for last more than six years.

In view of the compromise arrived at between the parties, we are persuaded to allow the appeal. The appeal is accordingly allowed. The order dated 19.01.2017 of the Family Court, Alwar, in Civil Miscellaneous Application No.8/2015 is set aside. The marriage between appellant-husband and respondent-wife is therefore dissolved by mutual consent with immediate effect in terms of the compromise noted above. Decree of divorce be prepared accordingly. Ordered accordingly.

This also disposes of stay application.