Upasana Gupta vs Sanjeev Kumar Gupta

Sudhanshu Dhulia, J

This is wife's appeal under Section 19 of the Family Court Act against the judgment and decree dated 8.8.2011 and 24.8.2011, respectively passed by the Additional Family Judge, Rishikesh, whereby the suit filed by the respondent/husband under Section 13 of the Hindu Marriage Act, 1955 has been decreed.

Meanwhile, during the pendency of the appeal, efforts were made initially for reconciliation and thereafter for settlement between the parties. Finally, the parties have arrived at a settlement. Subsequently, the matter was referred by this Court to the Registrar (Judicial), where the parties have entered into a settlement which has been reduced to writing. The compromise deed reads as under:

"By the Hon'ble Courts order dated 06.05.2019, both the parties Smt. Upasana Gupta, (appellant) and Mr. Sanjeev Kumar Gupta, (respondent) appeared before me.

Both the parties have entered into mutual amicable settlement terms whereof are reduced hereunder:-

The judgment dated 08.08.2011 and decree dated 24.08.2011 passed by learned Additional Judge Family Court, Rishikesh in Civil Suit No. 29 of 2004, dissolving marriage solemnized between parties dated 16.4.2001 shall remain intact.

The amount of permanent alimony will be to the tune of Rs. 7,00,000/- (Seven lac) as agreed in favour of wife (Upasana Gupta) appellant. Out of which Rs. 2,50,000/- (two lacs fifty thousand) has been paid to the appellant, and appellant received the about amount in the Lower Court.

That it is also agreed between the parties that the remaining amount of Rs. 4,50,000/- will be paid by the respondent to the appellant in the following manner:-

(a) Rs. 2,50,000/- on 06.06.2019

(b) Rs. 50,000/- on 06.12.2019

(c) Rs. 50,000/- on 06.06.2020

(d) Rs. 50,000/- on 06.12.2020

(e) Rs. 50,000/- on 06.06.2021.

That the above mentioned transaction will be made by transferring the amount in the Bank account of the respondent the details of which are mentioned below:-

Smt. Upasana Gupta Punjab National Bank, Arhad Bazaar, Dehradun bearing account No. 0110000100261251 and IFSC Code No. PNB 0011000. A photocopy of the passbook of the appellant for correct account details of the appellant is also being provided to the respondent.

In future also after getting the entire permanent alimony amount appellant Smt. Upasana Gupta will not be entitled for any other maintenance.

Parties will bear their own cost.

The aforesaid terms which are reduced in writing herein above have been read over and understood by both the appellant and respondent and both agree to be abide by aforesaid terms and both parties put their respective signature on this mutual settlement in the presence of their counsels today i.e., 06.05.2019 before me."

As per the compromise reached between the parties, out of permanent alimony of Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand only), an amount of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand only) has already been paid to the appellant before the court below, which is admitted by the appellant. In other words, out of total amount of Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand only), an amount of Rs. 4,50,000/- (Rupees Four Lakh Fifty Thousand only) has to be paid by the respondent to the appellant as per the compromise deed.

After hearing the parties and after perusal of the compromise deed, this Court is satisfied that an agreement has reached between the parties in terms of Order 23 Rule 3 of CPC. The suit which has been decreed shall be read along with the terms of the compromise, which will be a part of the decree.

In view of the above, the first appeal stands decided accordingly.