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Shashi Prabha vs Principal Judge Family Court … on 16 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 3

Case :- FIRST APPEAL No. – 7 of 2019

Appellant :- Shashi Prabha

Respondent :- Principal Judge Family Court Ambedkar Nagar And Another

Counsel for Appellant :- Diwakar Pratap Pandey

Counsel for Respondent :- Ram Singh,Lalendra Pratap Singh,Pradeep Kumar Maurya

Hon’ble Anil Kumar,J.

Hon’ble Saurabh Lavania,J.

Heard Sri Diwakar Pratap Pandey, learned counsel for petitioner, learned counsel for respondent and perused the record.

Present appeal has been filed under Section 19 of the Family Court Act, 1984 read with Section 28 of Hindu Marriage Act against the judgment and decree dated 18.12.2018 passed by Principal Judge Family Court, Ambedkar Nagar in Matrimonial Case No. 289 of 2016 (Raksharam Vs,. Sashi Prabha) under Section 12(1) d SectionHindu Marriage Act.

During the pendency of the present appeal, on the request of learned counsel for parties, the matter was sent for mediation.

Further, the Mediator has submitted his report dated 13.12.2019 that the parties have settled their dispute amicably before the Medication and Conciliation Centre, Lucknow. The said report is on record, operative portion reads as under:-

“Terms and conditions:

A. That Ms. Shashi Prabha (First Party and Mr. Raksha Ram (Second party) have decided to live separately in terms of the order daed 18.12.2018 passed by Principal Judge, Family court Ambedkar nagar in Matrimonial Case No. 289 of 2016 (Raksha ram Vs. Shashi Prabha) U/S 12(1)(d) of SectionHindu Marriage Act.

B. that in pursuance of their marriage it is decided by the parties that the Second Party-Raksha Ram shall pay sum of Rs. 50,000.00 (Fifty Thousands only ) to First Party-Shashi Prabha as one time full and final settlement amount/alimony after which first Party will not demand any alimony or cash from the Second Party in future.

D. That Mr. Raksha Ram-Second Party has submtied one Demand Draft which is being handed over to the First Party today i.e. 13.12.2019. The details of the demand draft is as follows:-

1. D.D. No. 668999 dated 07.12.2019 of Rs. 50.000.00 (Rupees Fifty Thousand Only) in the name of Mr. Sashi Prabha D/o Paras Nath issued from SBI Harraiya (Basti) Branch.

E. That both the parties hereby also agree that they shall withdraw all the pending cases, the details fo which are given below:-

1. Crl. R. No. 201 of 2019 (Shashi Prabha Vs. State of U.P. another) pending before Hon’ble High Court, Lucknow Bench, Lucknow

2. Crl. Misc. Case No. 1640 of 2018 (U/S 482) (Shashi Prabha Ors. Vs. State of U.P. and another) pending before Hon’ble High Court Lucknow Bench, Lucknow.

3. Case Crime NO. 136 of 2015 U/S 316/420/120B SectionIPC P.S. Sammanpur, District Ambedkar Nagar (State of U.P. Vs. Shashi Prabha Ors.) pending before chief Judicial Magistrate, Ambedkar Nagar.

4. Complaint Case No. 2959 of 2016 U/S 494 SectionIPC (Shashi Prabha Vs. RAksha Ram Ors.) (arose new no. 31 of 2018) pending before S.d. (FTC) Ambedkar Nagar.

5. Case Crime No. 50 of 2015 U/S 498A, 504, 506 SectionIPC, 3/4 D.P. Act (Shashi Prabha Vs. RAksha Ram Ors) At P.S. Mahila thana Ambedkar Nagar.

6. complaint No. 569 of 2018 U/S 498A, 504, 506 SectionIPC, 3/4 D.P. Act (Shashi Prabha Vs. Raksha Ram Ors) At P.S. Mahila thana Ambedkar Nagar.”

F. that both the parteis shall not initiate any legal proceedings against each other in future regarding instant matrimonial disputes.

H. that is also mutally agreed that after entering into this agreement both the parties shall have no future claims over each others property, assets etc.”

Accordingly, a request has been made by learned counsel for parties that the present appeal against the judgment and decree dated 18.12.2018 passed by Principal Judge Family Court, Ambedkar Nagar in Matrimonial Case No. 289 of 2016 (Raksharam Vs,. Sashi Prabha) under Section 12(1) d SectionHindu Marriage Act may be disposed of in terms of the compromise dated 13.12.2019 entered between the parties before the Mediation and Conciliation Centre, Lucknow.

After considering the aforesaid the present appeal against the judgment and decree dated 18.12.2018 passed by Principal Judge Family Court, Ambedkar Nagar in Matrimonial Case No. 289 of 2016 (Raksharam Vs,. Sashi Prabha) under Section 12(1)d SectionHindu Marriage Act is disposed of in terms of the compromise dated 13.12.2019 entered between the parties before the Mediation and Conciliation Centre, Lucknow and the terms of the settlement be made part of document.

(Saurabh Lavania, J.) (Anil Kumar, J.)

Order Date :- 16.12.2019

Ravi/

 

 

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