Sunit Mohan Saxena vs Smt. Taru Saxena

This civil miscellaneous appeal is listed on an application to seek vacation of the interim order dated 16th April, 2018.

Learned counsel submits that after leaving the job of Teacher, the appellant is hardly earning Rs.9,000/- to Rs.10,000/- per month, thus he cannot pay a sum of Rs.15,000/- per month towards interim maintenance. It is also submitted that efforts for reunion of the parties were made but, it seems difficult if not impossible. A prayer is made for mutual divorce on payment of lump sum amount towards permanent alimony and, at the same time, amount for baby girl Mansi.

The aforesaid proposal has been accepted by learned counsel for the respondent provided the appellant pays a sum of Rs.15 lac towards permanent alimony to the respondent - wife and Rs.10 lac for baby girl Mansi.

After contesting to the amount, learned counsel for the appellant has agreed to pay Rs.12,50,000/- to the respondent-wife towards permanent alimony and Rs.10 lac to the baby girl Mansi. A direction is, however, sought for keeping Rs.10 lac in the Fixed Deposit till the baby girl Mansi attains the age of majority. Only the interest part may be used for her education and welfare.

The aforesaid has been agreed by learned counsel for the respondent.

In view of the above, we pass the following agreed order while disposing of this civil miscellaneous appeal preferred against the order under Section 24 of the Hindu Marriage Act, 1955 (for short "the Act of 1955") during pendency of the application under Section 9 of the Act of 1955 :

(i) The appellant has agreed to pay a sum of Rs.12,50,000/- (Rs.Twelve Lac and Fifty Thousand Only) to the respondent towards permanent alimony by 15th February, 2019.

(ii) The appellant has further agreed to pay a sum of Rs.10 lac towards maintenance of baby girl, namely, Mansi by 15th May, 2019.

(iii) The parties have agreed to file an application under Section 13B of the Act of 1955 to seek mutual divorce in view of the aforesaid arrangement. The application aforesaid would be filed between 15th February, 2019 to 15th March, 2019 and, accordingly, a draft application would be prepared within a period of one month from today so that it is kept ready for its presentation in the period given above.

(iv) The amount of Rs.10 lac towards maintenance of baby girl Mansi would be kept in Fixed Deposit in her name with the nomination of her mother but the amount aforesaid would not be withdrawn by the respondent till Mansi attains the age of majority and withdrawal thereof be, if required in her interest otherwise, be used for her marriage. The respondent would, however, be entitled to withdraw interest thereon for incurring it on education of Mansi as well as for her welfare.

(v) The parties have agreed to withdraw all the litigation pending before any of the Courts and for that, even the application under Section 9 of the Act of 1955.

(vi) On filing the application under Section 13B of the Act of 1955, the Family Court would pass a decree on confirmation of payment of Rs.10 lac in favour of baby girl Mansi.

(vii) Till 15th May, 2019, the appellant would pay only Rs.5000/- towards interim maintenance, however, in case of default in carrying out the direction of payment, the aforesaid would become Rs.15,000/- per month, as directed by the Family Court.

With the aforesaid agreed order, this civil miscellaneous appeal is disposed of. The order impugned herein would now be governed by the directions given above.