HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 3
Case :- FIRST APPEAL DEFECTIVE No. – 64 of 2019
Appellant :- Kunwar Vikrant Singh
Respondent :- Smt. Sarita Singh
Counsel for Appellant :- Pankaj Kumar Pandey,Ranjeet Pratap Singh
Counsel for Respondent :- Nishant Shukla
Hon’ble Anil Kumar,J.
Hon’ble Saurabh Lavania,J.
Heard Sri Pankaj Kumar Pandey, learned Counsel for the appellant and Sri Nishant Shukla, learned Counsel for the respondent.
By means of the present appeal the appellant Kunwar Vikrant Singh, has challenged the judgment and order dated 06.04.2019 passed by the Principal Judge Family Court, Pratapgarh in Misc. Case No. 27 of 2016 (Smt Sarita Singh Vs. Kunwar Vikrant Singh) by which the Principal Judge Family Court, Pratapgarh, set aside the judgment and order dated 29.03.2016 and restore the Original Suit No. 168 of 2014, (Kunwar Vikrant Singh Vs. Smt. Sarita Singh), which was filed under Section 13 of Hindu Marriage Act, 1955.
During the pendency of the present appeal, on the request of learned Counsel for the parties, the matter was sent to the Mediation and Conciliation Centre, High Court, Lucknow.
Before the Mediation and Conciliation Centre, High Court, Lucknow, a settlement between the parties has been arrived, the relevant portion of the settlement reads as under:-
“A. That both the parties have mutually agreed that the Husband Mr. Kunwar Vikrant Singh shall pay a sum of Rs. 20,00,000.00( Rupees Twenty Lacs only) to the wife Ms. Sarita Singh and his son Master Shreyansh who is in the sole care and custody of Mrs. Sarita Singh (Mother of Master Shreyansh) and plot no. G/04/00162 Pocket 4, Sushant Golf City , Sultanpur Road, Lucknow (Valuation of the plot Rs. 55,00,000.00) as permanent alimony.
After which the wife Ms. Sarita Singh shall not claim any maintenance or alimony from the husband in future.
In pursuance of the above Mr. Kunvar Vikrant Singh has brought the Demand Draft of Rs. 20,00,000.00 (Rupees Twenty Lacs only) today i.e. 28.11.2019, which is being handed over to Mrs. Sarita Singh. The details of the demand drafts are as below:
a) D.D. No. 500218 in favour Sarita Singh, Rs. 10,00,000/- (Rupees Ten Lakh only) issued from ICICI Bank, Patna Branch.
b) D.D. No. 500219 in favour Sarita Singh , Rs. 10,00,0000/- (Rupees Ten Lakh only) issued from ICICI Bank, Patna Branch.
B. That both the parties shall withdraw all the pending cases filed against each other:-
i) Case No. 27/319/2016 for recall of order dated 29.03.2016 (Smt. Sarita Singh Vs. Kunwar Vikrant Singh)
ii) Case no. 1332/2014 U/s 12 D.V. Act (Sarita Vs. Kunwar Vikrant Singh) pending ACJM Vth, Lucknow.
iii) Case No. 21066/19 arising out of Case Crime No. 773/2016 U/S 498A/323/504/506 IPC (State of U.P. Vs. Kunwar Vikrant Singh) pending before
iv) Case No. 458/2014 U/S 125 Cr.P.C. (Sarita Singh Vs. Kunwar Vikrant Singh) pending before Principal Judge, Family Court, Lucknow.
v) Case No 168/2014 U/S 13 Hindu Marriage Act (Kunwar Vikrant Singh Vs. Sarita Singh) pending before Principal Judge Family Court, Pratapgarh.
Besides the above, if there is any case which is filed between both the parties and is still pending but not mentioned in the list above, shall also be withdrawn by either of the parties.
7. By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to First Appeal (Defective) No. 64 of 2019 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Mediation/conciliation.”
Learned Counsel for the parties submitted that the present appeal may be disposed of, in terms of settlement dated 28.11.2019 arrived between the parties in Mediation and Conciliation Centre, High Court, Lucknow.
Accordingly, in view of the above, the present appeal is finally disposed of, in terms of settlement dated 28.11.2019, which has been entered between the parties before the Mediation Centre, High Court, Lucknow. The decree be prepared accordingly.
(Saurabh Lavania,J.) (Anil Kumar,J.)
Order Date :- 9.1.2020